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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1097
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My name is ***** ***** I walked out of my 17 year relationship

Customer Question

Hello,
My name is ***** ***** I walked out of my 17 year relationship with my girlfriend 3 years ago. We were never married. e have two kids, aged 13 and 11. I have a Deed of trust saying I own 70% of the property and my ex has 30%. With land registry. Payments in place and working. When can I sell house? Happy to wait til youngest is 18 years? Is this reasonable? We are all amicable so far
Submitted: 2 years ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 2 years ago.
Hello Jon
Welcome to Just Answer
I am a Solicitor and will assist you.
If yourself and your ex never married then the law that deals with this area is the Trust of Land Act.
Under the Trust of Land Act you can at any time make an application to Court for an Order For Sale so that you interest can be realised. The court will consider the children when deciding whether or not to make such an order.
That being said - it is possible that your ex could issue a Schedule 1 Children Act claim for provision of property for the children. If such an order was made then this would only be until the children reached the age of majority then your interest would revert back to you.
Kind Regards
Caroline
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Customer: replied 2 years ago.

Thanks for your prompt response Caroline. I don't want to force a sale as that goes against my family principles. What I would prefer to do is ask my ex partner to agree to sell the property when our youngest child reaches 18. Is this reasonable according to the relevant law(s)? Also, how would I go about getting this formalised in the eyes of the law as I want to move on and don't want this uncertainty hanging over me.

Maintenance is generous and working its just the property sale we need to sort out.

Thanks

Jon

Expert:  ukfamilysolicitor replied 2 years ago.
Hello Jon
Thank you for your response.
In respect of the property - you don't need a formal court order when matters are agreed. If you wanted to force a sale of the property or if there was a disagreement in respect of the shares you each owned - then you would make an application to the court. You have stated that you have a deed of trust in respect of your shares and that will prevail.
18 is a sensible age - if you are both agreed. Courts can make a Schedule 1 Children Act Order in respect of property to that age. Just be aware that if you sold the property when the children turn 18 and your children are going off to university - then a child over 18 can ask the court to make an order for periodical payments or a lump sum - to help with education fees etc - if this cant be agreed. You will of course have an amount of money of the house is sold - so just to be aware.
Kind Regards
Caroline
Please kindly remember to rate positively.
ukfamilysolicitor and 2 other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Spoke with my ex this weekend about your feedback. She has said that she doesn't want to now talk about the family home as its upsetting her. I said I understand but we both need closure otherwise it will be like a ticking time bomb going off in the future.

I have got myself a small flat, with a massive mortgauge as all my cash is tied in to the property my ex lives in. If she refuses to talk about selling the property in the future ie in 6 years time where does that leave me? Deed of trust says I own 70% and ex owns 30% which is with land registry. Minimum mortgauge outstanding. I just want confirmation from my ex that when our youngest reaches 18, property is sold and split accordingly as agreed. I will always put a roof over my kids head as im hands on. Ive being paying mortgauge for 3 years so far and yet don't live there. Ok to do another 6 years so that takes my daughter to 18 but no more as I feel its taking the biscuit! My ex says she wants to just stay there. I said that if I had the money she could have the house but I don't and wont. Everything else in terms of monthly payments are working and we are both good parents but I want to know that closure is agreed before my ex meets anyone elese and even moves them in but not at my expense. What do you think?

Expert:  ukfamilysolicitor replied 2 years ago.
Hello Jon
My apologies for my delay in responding to you today. Dropped my iPad in water!
Congratulations on the move.
I'm sorry to hear that your ex seems to be back tracking on the previous agreement.
As you are not married then it's not going to be possible for your ex to claim all of the property as her at any point given the current law and the deed of trust you have - and also that it will be yourself maintaining the mortgage payments.
If your ex did make a Schedule 1 children act claim in respect of the property - your share is still going to revert to you when they reach majority age.
Your share is yours and if you need to make an application to court when your children are adults - for sale - then this is something you can do at the time.
If you can't orally agree now - you could instruct a solicitor to draw up a separation agreement. (Approx £300). Although technically not legally binding a court might later uphold the terms - especially if in line with deed of trust and children are adults. Family Mediation might also help your ex realise it's important that you agree and that you both know where you stand to avoid court in the future. You will have to receive your share at some point and your ex needs to realise that.
Ps be very cautious about your ex moving someone in if they are going to do any if the following:
1) pay mortgage payments or lump sum deposit towards house
2) add value to the house be renovation or redecoration
If a new partner did any of the above - that new person could also seek to claim an interest in the property through the Trust of Land Act
Kind Regards
Caroline
Customer: replied 1 year ago.

Hi Caroline(?),

Deed of Trust for the property where my ex girlfriend lives with our two kids (now 13 & 12) is all legalised and attached to the Land Registry so all good with that.

However, this states that the split when the property is sold is 70/30 in my favour but it doesn't say how we go about selling the property. I still want to explore putting some kind of agreement in places of how this sale will be done eg on the 11/12/2021 (when my youngest is 18) the property is sold and split in accordance with Deed of Trust.

What options do I have ideally that are law abiding eg could I link in some kind of variation to the existing Deed of Trust?

My worry is that my ex girlfriend wont move out, ever! I also worry that if the law or environment changes eg BREXIT, more protection for my ex then I would lose out because I have taken sufficient steps to protect myself. How do I make myself as protected can be? I have worked very hard to protect my kids and I have started seeing someone after 3.5 years which might not go down well with my ex. Another risk!

Thoughts appreciated

Jon

Expert:  ukfamilysolicitor replied 1 year ago.
Hello Jon I hope that you are well. My apologies for my delay in responding to you today. I would suggest that you look at a Separation Agreement prepared as a deed. Such an agreement can detail how and when the property will be sold in the future. You can also detail who will be responsible for liabilities in respect of the property in the mean time. A Solicitor can prepare such an agreement for around £500-£800. To force a sale in the future your looking at a county court claim under the Trust of Land Act. Lt me know if I can help you further. Kind Regards Caroline