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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33528
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 [now Ex Partner] and I bought a property together in 2003,

Customer Question

My [now Ex Partner] and I bought a property together in 2003, Deeds and mortgage in joint names. I paid £16,500 towards the cost of the purchase [though Partner maintains he’s paid it back at some stage!]. He paid the mortgage and I paid the household bills. We put the property into his name because creditors had come out of the woodwork chasing me for o/s 25 year debt relating to ex-husband. We went abroad in 2008 and the property has been rented out since then with none of the income ever coming to me. I paid for everything whilst we were abroad so Partner took care of property here, thru various management companies. Rental 2013-14 is £19,500 with profits of £16,000 after expenses. Am I entitled to anything from this property, which has doubled in value? Apart from the original loan docs and a letter requesting the money be transferred to the solicitor, I don’t have a lot of documentation. My other worry is that my name is ***** ***** the mortgage, according to a letter from the mortgage lender and I don’t think Partner has changed the mortgage. Does that make me liable if he defaults?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year 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.
What was actually done to transfer the ownership of the property?
Clare
Customer: replied 1 year ago.

Hi Clare

Thats the problem it was so long ago, Im not sure. All I know is my name is ***** ***** on the Deeds.

Expert:  Clare replied 1 year ago.
Hi
Have you seen evidence of that?
Clare
Customer: replied 1 year ago.

No, I remember signing something to action it though.

I have a recent copy of a letter from the mortgage lender addressed to both of us so I know I'm still on that.

Expert:  Clare replied 1 year ago.
Hi
Have you checked the Title at the Land Registry - details here
https://www.gov.uk/search-property-information-land-registry
Clare
Customer: replied 1 year ago.

Thanks for this, no I havent, but if Im not how does it affect the other issues?

Expert:  Clare replied 1 year ago.
Hi
The starting point is to check the actual ownership of the property - it is unusual - not impossible but unusual - for the mortgage not to be discharged at the same time as the Transfer.
Obviously if the property is still in joint names then you ar ein an excellent position and can look for half of the equity.
However if the transfer has gone ahead then you need to contact the mortgage company and check if you are still on the mortgage.
If you are it will strengthen your argument that you are still entitled to a share of the equity.
The circumstances of the transactions do raise a question about what you and your partner actually planned to do.
It seems unlikely that your partner was buying you out when you remained together - this strengthens your claim that it was about protecting the property - and that it was understood that the property remained a joint asset held in one name
You can read more about such claims here
http://www.slatergordon.co.uk/media/2347003/land-disputes-a-guide-to-procedure.pdf
Please ask if you need further details
Clare
Customer: replied 1 year ago.

Thanks for the info. I now for sure that my name is ***** ***** mortgage as the company refused to remove it. Unfortunately my ex Partner went to Court on previous properties he owned with his parents and is well aware of the procedures. However, at the time of the transfer he was only trying to protect the property for us [now him]. Im not ready to move forward on this yet, I just wanted to get advice but in the meantime, I should check the mortgage company still have my name? Should I put a charge over the property in case he tries to sell it in the meantime. Ive no communication with him so no idea what he's doing and he wouldnt expect me to do this, but I can't live on fresh air.

Expert:  Clare replied 1 year ago.
Hi
Have you checked the Land Registry?
Clare
Customer: replied 1 year ago.

No, I havent, but I will. Thanks

Customer: replied 1 year ago.

Land Registry doc says from 2007 in Partner's sole name. We purchased in 2003. No surprises there

Expert:  Clare replied 1 year ago.
Hi
Thank you for that
Your only option is to make a claim on the property using the Trusts of Land and Appointment of Trustees Act
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33528
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Ok, thanks for the help.

Expert:  Clare replied 1 year ago.
Hi
You are most welcome I hope all goes well
Clare

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