How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33290
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

Common Law rights with Property

Customer Question

Please advise what my legal rights are as a common law partner, engaged for 3 years. I am on the deeds of the house, am I still entitled to half if my partner and I separate?  I was advised when I went on the deeds I was entitled to the house if my partner died but I'm not sure what happens if we separate. 


 


My partner and I have a joint account which the mortgage is paid from but I do not pay into this account.  Will this effect my rights?


 


My partner chooses to work overseas and I run and manage the house by myself.


 


We bought the property in October 2008 and there is equity in the property.


 


I look forward to hearing from you.

Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Claire and I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage
How was the purchase funded and was a Declaration of Trust signed at that time
Claire
Customer: replied 3 years ago.

Hi Claire


 


I'm going to get the house valued this week but an estimate value would be around 280k and the balance owing is 141k. No I did not know about a Declaration of Trust, is this an important document?

Expert:  Clare replied 3 years ago.
Hi
How was the purchase funded?
Claire
Customer: replied 3 years ago.

By my partner, deposit and interest only mortgage.


 

Expert:  Clare replied 3 years ago.
Hi
So you partner provided all the deposit is that correct?
Do you know if you hold the property as Joint tenants - with the one who lives longest getting it all: or as Tenants in Common with you each owning a percentage share?
Claire
Customer: replied 3 years ago.

Yes he did. We hold the property as Joint tenants. I will check my paperwork to see if I did sign A Declaration of Trust when I went on the deeds.

Expert:  Clare replied 3 years ago.
Hi
If there is no Declaration of Trust then you are entitled to 50% of the equity if you separate - and your ex will struggle to prove that he did not mean to give you this as a gift.
If he will not buy you out if you leave then you can apply to the court for the sale of the property so that you can receive your share
Claire
Customer: replied 3 years ago.

Thank you so much Claire that's fantastic news, I can now start to move on with my life. Its a very difficult time as this is my home which I have made but as he paid for the house and pays the mortgage he says I'm not entitled to anything and I can take what I want and close the door behind me. That's why I have asked for your help! This is extremely difficult for me to cope with after 10 years!! I have checked my paperwork and the only documentation I can find is when we signed the transfer of deeds document, changing to joint tenants. On the covering letter the solicitor did comment on sending out the Declaration of Trust but we never received it. I will check with them tomorrow. What does it mean if we did sign this document, am I still entitled to 50% of the equity?

Expert:  Clare replied 3 years ago.
Hi
Does the letter say why there should be a Declaration of Trust - did you actually ever agree not to claim a share of the property
Claire

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Last | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    133
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/UK/UKfamsol/My face July 2011.64x64.jpg UKfamsol's Avatar

    UKfamsol

    Family Solicitor

    Satisfied Customers:

    240
    Very experienced specialist family law solicitor, qualifed in 1994
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    182
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)