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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34233
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 have a joint mortgage. If my partner and I split or

Resolved Question:

Hi, I have a joint mortgage. If my partner and I split or worse (bereavement) what would happen? I have to mention I put a lump sum into the house which is more than the mortgage and my partner is still married? Thank you
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.
How much is the house worth and how much is outstanding on the mortgage?
Why has the agreement not yet been signed?
Clare
Customer: replied 2 years ago.
House probably worth 270,000 outstanding mortgage 77,000, for personal reasons
Expert:  Clare replied 2 years ago.
Hi
i assume that the solicitor does have evidence of the discussions that you and your partner had regarding the financing of the purchase?
Clare
Customer: replied 2 years ago.
Absolutely, they did the transfer of funds from bank account on the completion day -also I have a copy of the draft Declaration of Trust drawn up by solicitor outling the funds I put in and who gets what if a split occurred
Expert:  Clare replied 2 years ago.
Hi
Do you currently hold the property as beneficial Joint Tenants or as Tenants in Common?
Clare
Customer: replied 2 years ago.
Oh, I'm sorry I'm not sure what that means, it's just mortgage in both our names - wd I have to ask our mortgage company? Or I can check my paperwork
Expert:  Clare replied 2 years ago.
Hi
It is something the solicitor shoudl have discussed with you - whether you each wanted to own your own share or if the person who lived longest would get the lot?
Clare
Customer: replied 2 years ago.
The declaration of trust says I get back what I put in basically and we share the profit
Expert:  Clare replied 2 years ago.
Hi
This would have been spoken about before that.
have you had a copy of the Title deeds from the solicitor following completion of the matter?
Clare
Customer: replied 2 years ago.
Morning Clare, I guess the title deeds are with the solicitor? Would it mention on there a part ownership then? Apologies I have not checked the mortgage letter yet, I will do this as a matter of urgency
Expert:  Clare replied 2 years ago.
Hi
It will not be on the mortgage so please do not worry.
When was the purchase completed?
Clare
Customer: replied 2 years ago.
Good Evening, purchase was completed 26/4/2013, i
Customer: replied 2 years ago.
I spoke to the lady who did the mortgage for us and I'm sure she said it was a beneficial (sorry to sound vague)
Expert:  Clare replied 2 years ago.
Hi
You can find out for certain by going to the land Registry and downloading a copy of the Register entries
https://www.gov.uk/search-property-information-land-registry
You need to look in the Section marked B
If these words are there
RESTRICTION: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the Registrar or the court.
Then you hold it as Tenants in Common - if not then you hold it as Beneficial Joint Tenants and when the first of you dies the property automatically passes to the survivor
In addition if you split up it will be assumed that the property is owned 50/50 - although given the evidence that you have that this was not the intention you shoudl be able to prove otherwise
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you