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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34589
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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Can I move back in my family home if its in trust for my daughter We

Resolved Question:

Can I move back in my family home if it's in trust for my daughter
We wasn't married was together 10 years we split up 3 years ago
My names on the deeds to house which my ex has rented out
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.
Could you explain the house situation a little more please.
Who own's it and how was the purchase funded?
Clare
Customer: replied 3 years ago.
Was a joint mortgage my names of the mortgage but still on the deeds
Expert:  Clare replied 3 years ago.
Hi
How was it placed in trust for your daughter.
How much is it worth and how much is outstanding on the mortgage?
Where is your child now living.
Clare
Customer: replied 3 years ago.
My ex placed it in trust I signed to
It's worth about £340,000 ish owes £150,000 ish
I live in private rented I would like to know my rights ect please
Expert:  Clare replied 3 years ago.
Hi
What exactly did you sign.
How was the original purchase funded?
Clare
Customer: replied 3 years ago.
With a mortgage
Signed a booklet about the trust
Expert:  Clare replied 3 years ago.
Hi
What booklet?
Do you have a copy?
Who paid the deposit and the legal fees.
Clare
Customer: replied 3 years ago.
Both of us paid fees ect no haven't got a copy of what I signed but it was a booklet with all details of kids then letter saying both agree that when my daughter is of age it will go to her
I'd like to know my rights on property I'm still on the deeds to property
Expert:  Clare replied 3 years ago.
Hi
Do you mean a parenting plan?
Clare
Customer: replied 3 years ago.
No it's just trust find
Expert:  Clare replied 3 years ago.
Hi
Have you got a copy of what you actually signed - what you have described sounds like a parenting plan not a formal Trust document.
What contact do you currently have with your daughter?
Clare
Customer: replied 3 years ago.
My daughter love with me (I'm her mum)
No no copy ? The letter stated would remain in trust until my daughter was of age ?
Expert:  Clare replied 3 years ago.
Hi
Right - that changes things a great deal. ( and for the better from your point of view)
What do you know about the current tenancy of the property?
Clare
Customer: replied 3 years ago.
It's privately rented on yearly contract
Expert:  Clare replied 3 years ago.
Hi
When is the next renewal due?
Clare
Customer: replied 3 years ago.
Not sure
What are my rights?
Expert:  Clare replied 3 years ago.
Hi
The news is likely to be good - but before I give you the full answer how much would a two bedroom property in the area you live in cost to buy?
Clare
Customer: replied 3 years ago.
The house is worth £340,000 it's a 3 bed town house
To buy a 2 bed is over £200,000
Expert:  Clare replied 3 years ago.
Hi
That is fine
Do you have any mortgage capacity (random I know but it is relevant)
Clare
Customer: replied 3 years ago.
What's that mean
Expert:  Clare replied 3 years ago.
Hi
Can you raise a small mortgage if you need to - if so how much?
Clare
Customer: replied 3 years ago.
Possibly
Expert:  Clare replied 3 years ago.
Hi
I am not sure what you signed but it is highly unlikely that it was a deed that created a Formal Trust.
It is also clear that you did not receive legal advice at the time!
If you had you would have been told that your ex is under a duty to help you house his child until the child is 18 - either be remaining in the jointly owned property - or be selling that property and using as much of the equity as you need to rehouse yourself and the child - with your ex having to wait for his share until the child is 18.
Nor would the court expect you to give up your share of the capital for your child.
If you have not formally agreed to the letting of the property then you are not bound by it - and in fact you can move back there whenever you wish.
If you would struggle in that property then you can ask the court to order the sale of the property so that you can purchase a smaller one on the terms set out above.
As a starting point you should try and discuss matters with your ex using Family mediation (www.familymediationehlpline.co.uk) making it clear that you are aware that you are entitled to return to the property - and that you intend to do so
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you