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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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I purchased a house with my fiancé 10 years ago. We

Resolved Question:

Hi
I purchased a house with my fiancé 10 years ago. We are now thinking of selling this and moving to a property he owned prior to us moving in together and which has been rented out during this time. The equity from the sale of our joint property will be used to pay off some of the mortgage on his house. He also has another property which we intend to still rent out. I was wondering where I would stand legally in the future if we parted and went our separate ways. As we are not married would I have any claim on both properties as they are both solely in his name?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
If you are paying off some of the mortgage is there any reason why your name cannot be added to the deeds at that time?
Clare
Customer: replied 2 years ago.

Hi Clare.

He does not want to do this as there will only be a small amount of mortgage left to pay he does not feel that it is worth doing this. We both made wills a few years ago so that in the event of a death we each inherit the others share so he feels that this is sufficient but I am a bit worried that in the event of a break up I won’t be entitled to anything. He said that this will not happen but you can’t guarantee this

Expert:  Clare replied 2 years ago.
Hi
How much will the equity be that will be paid into the new property?
How much is the new property worth and how much is now outstanding on the mortgage?
Clare
Customer: replied 2 years ago.

Hi

We will be paying £50,000 into the new property whic will leave £20,000 outstanding. The value of the n

new property is aproximaly £150,000

Expert:  Clare replied 2 years ago.
Hi
You are right to be concerned
Since you will not be a joint owner of the new property you will have no automatic rights to either prevent a sale or to force one, and you may have a fight to prove your entitlement to a share of the equity.
You WILL be able to show that you have a claim on the property - but it could be expensive to do so
If your ex doe snot wish to go through the hassle of adding you to the mortgage then you should ask him to sign a Declaration of trust confirming that he is holding the property on trust for you both.
You will not have any claim on the rental property at all
This assumes of course that you do not get married- at which point everything changes!
please ask if you need further details
Clare
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