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Thomas
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Category: Family Law
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Experience:  UK solicitor
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My ex partner and I hold a morgage together although I solely

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My ex partner and I hold a morgage together although I solely live in the house now and have been paying the morgage and all the DIY myself for the last 12 months, how do I go about setting up papers as I can't get a individual morgage currently on my own?
Submitted: 2 years ago.
Category: Family Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your questions.
If you cannot get a mortgage in your sole name and a separation agreement is not a possibility then i would consider instructing a solicitor with a view to drafting and executing a declaration of trust.
This is a written deed which can state that although you hold your interess in the property in your joint names you can say that you have different percentage interests in the equit in the property. You would hold a copy of this each and the proceeds of sale would be divided up for according to the percentages that you specify in the declaration.
However in order for it to be binding it is essential that both you and your partner independent legal advice on the declaration of trust and make sure that you both understand the implications of it.
In the circumstances this is probably the best thing to do if it is not possibility that you will be able to get a mortgage.
It should cost around £200 plus vat.
Kind regards.
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7569
Experience: UK solicitor
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