Two tennants in common (20% to 80% split), in event of sale how are the proffits and re-mortgage split?

Question

My husband and I own 20% of the house and my father in law 80%. We are currently paying for the re-mortage which was taken out in all of our names, including my father inlaw's name. If we wanted to sell the house would the mortgage be paid off then the remaining sum split between us, or would this be something we had to agree on our own? Or as we are paying for the mortgage would it be taken out of our 20%.?

Answer 1

you would get the 20% per the agreement

Answer 2

If the court partitioned the property and sold it (I don't mean to say it would ever come to this, just telling you how they would do it) they would give you 20% (minus some expenses but not years of mortgage payments) and your father in law 80% (of whatever was left after the mortgage and all other expenses were paid).  

However, everything is negotiable so whatever you work out with your father in law is fine (so long as everyone is willing to sign off on it), but again if things got ugly and this went to a court to sell, you could expect just 20% of the money.  Also, the mortgage and any other debts on the property would be paid first, so you would get 20% of whatever was left.