My ex won't honour the declaration of trust we signed for our mortgage

Q My and ex and I bought a house a year ago but unfortunately split up four months later. I moved out the house and continued to pay my share of the mortgage and council tax but we agreed that I wouldn't pay any of the other bills as I wasn't living there.

I have spent many months trying to communicate with him about what to do with the property but he has been ignoring me for long periods of time. He eventually said that he would buy me out. He put down a deposit of £134,000, I put in £25,000 and we signed a declaration of trust to say that we would pay the mortgage equally. The declaration of trust also said that if we were to split then we would each get our deposits back and that we would split any equity made on the house equally.

For months I have been asking that we sort the house out but he had his money tied up in shares. We finally agreed that he would give me the £25,000, the mortgage money from when I wasn't living there and that he would buy all the items I purchased for the house. This brought the figure to around £35,000. However, I said I needed to look at how much the house had gone up by and was shocked that it had increased by £32,000.

I spoke with him and said that I would like my share of this and for him to not pay me the mortgage money, which has made him turn nasty. He's accused me of stealing his money and said that he shouldn't have signed the declaration of trust in this way – that it should have been on percentages. He's sent me threatening texts to say that he will only offer me £34,500 now and that every week I don't take him up on his offer he will knock another £500 off.

I moved back into our house a few months ago because he wasn't communicating but now he's advising me to move out or he'll make my life hell! I really don't know what to do.

NB

A You both very sensibly drew up a declaration of trust when you bought your house in unequal shares in order to avoid all this unpleasantness. It is a legally binding agreement which should clearly outline: the deposit each person paid; what share of the property each owner owns; how much each of you will contribute towards the mortgage repayments and how much each owner will contribute to fees and so on.

A declaration of trust can also outline how you will approach one owner buying the other out - including how you get the property valued – as well as setting out if and when the property should be sold and how the sale proceeds should be divided in the event of a split. It can also include a clause saying that neither of you can go to court to force a sale, but if yours doesn't, this could be an option (if an expensive one).

As a legally binding document, the declaration of trust cannot be ignored when coming to a conclusion as to how much you should receive either on being bought out or after a sale of the property. It does not allow either of you to change your minds about how you will divide the money from the property. And it makes any threats from your ex to reduce the amount you get pretty empty. Also, unless your trust document specifically states that you ex should pay you for the furniture you bought, the furniture money should be dealt with as a separate transaction.

It would be worth your while to go back to the solicitor who drew up the declaration of trust for advice on applying the terms of the trust to your current situation. It may be that a letter from a lawyer outlining what can and can't be done might help to calm your situation down.

Whether it does or not, I'd be tempted to move out again, rather than have my life made a misery. But if you do, it would be wise to continue to make your contribution to the monthly mortgage payments.