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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34272
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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my partner and I have bought a house together and have a 4yr

Resolved Question:

my partner and I have bought a house together and have a 4yr old son. we both contributed 50% to the deposit but due to bad credit the mortgage is solely in his name. I contribute to half the mortgage payments, half the bills and half maintenance of the property. Ive been considering a deed of trust as if we were to separate I want to protect my investment also could he sell the house or could I contest somehow?
Many thanks
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Will he agree to sign a Declaration of Trust?
Why was this not dealt with at the time of the purchase?
Clare
Customer: replied 3 years ago.

hi clare,


yes he is willing we have an appointment Friday. I never knew about a deed of trust and was never advised. its only now that my mother has cancer i realised if anything happened to my partner I have no security for myself or my son and also if the relationship breaks down I would have to move my son.


vicky


 

Expert:  Clare replied 3 years ago.
Hi
Then a Declaration of Trust - registered at the Land Registry will achieve exactly what you want and will ensure that your financial interest in the property is properly protected
The Declaration should clearly set out what should happen in the event of separation
I am not sure that this is what you needed - so please ask if you need further details
Clare
Customer: replied 3 years ago.


can he sell the house and force me to leave

Expert:  Clare replied 3 years ago.
Hi
Unless there is a Declaration of trust then yes.
However he would have to give you reasonable written notice (at least 28 days)
You would be able to apply to the court for the right to remain in the property until the child is 18 (without your ex) and could make a separate financial claim based on the payments you have made
Clare
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