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tdlawyer
tdlawyer, Lawyer
Category: Family Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience of family law issues.
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I have lived with my partner for 30 years - she has two adult

Resolved Question:

I have lived with my partner for 30 years - she has two adult children from a previous marriage. The property we live in was purchased in her name alone although the finances were split 50/50.
How can I protect my interests in the equity of the property? My partner does not contest this and has agreed to protect me in her will but my question is - how do I legally protect my 50% of the equity which is about £150,000 prior to any will being made by my partner. I am mindful of the fact that she has two sons and as it stands right now if she died prior to her will being amended, I would be in trouble.
Regards
Derek
Submitted: 3 years ago.
Category: Family Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name is***** can assist you with this.

tdlawyer :

Is there any reason you could not be added to the legal title, as this is best form of protection?

Customer:

The property was purchased on a "buy to let" agreement through Mortgage Express which is no longer in operation - Bradford and Bingley are taking repayments but cannot do anything else regarding the mortgage. We are going to close the account over the next two weeks with a final redemption figure in the region of £25,000. Could anything be done prior to the redemption payment and if so what, or would it be better to action any legal work after payment. I must stress there is no hassle from my partner on this - I simply need to know the best way to do it prior to her changing her will in the event of her death prior to the will being changed.

Customer:

Regards

Customer:

Derek

tdlawyer :

Okay. You could put an agreed notice on the title, which recognise your beneficial interest. She would need to consent to this. Or, alternatively, you could lodge what is called a Unilateral Notice, which record your interest on the title so everybody can see it (she doesn't need to consent for this). An agreed notice is better, but a unilateral notice should do the trick if you can't agree. Have a look at this detailed guide: http://www.landregistry.gov.uk/professional/guides/practice-guide-19

Customer:

Would an agreed notice or a unilateral notice give me a 100% protection in law on my share of the equity? If so could you advise as to what forms to obtain in order to action one or the other?

Customer:

Regards

Customer:

Derek

tdlawyer :

Nothing every gives you 100% protection, but if you have an agreed notice, it should require your consent or to be informed of any intended sale. If you had to, then you could seek to stop that sale by applying the courts if necessary, unless, perhaps, you got firm assurances from her solicitor that you would be paid off from the proceeds of sale. If the solicitor promises you this, then you know it will happen, as they will give you what is called an "undertaking".

tdlawyer :

Why have you rated poor service please?

Customer:

Could you please inform me of what particular forms I would need to obtain in order to carry out an agreed notice?

Customer:

Regards

Customer:

Derek

tdlawyer :

I can do that, is this what you need to consider the service OK or better?

tdlawyer :

I hate to have people consider the service poor, and would like to ensure I can achieve something better for them.

Customer:

Yes please

Customer:

Regards

tdlawyer :

Okay - bear with me then.

tdlawyer :

Okay, here is the form for a Unilateral notice: http://www.landregistry.gov.uk/_media/downloads/forms/UN1.pdf and here is for the form an agreed notice: http://www.landregistry.gov.uk/_media/downloads/forms/AN1.pdf

tdlawyer :

There you go. Hope this helps, and you have the guide to explain all the steps too.

Customer:

Many thanks

Customer:

Regards

Customer:

Derek

tdlawyer :

Thanks Derek.

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