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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1195
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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Ms/Mr Myself and my partner has split up. We have

Customer Question

Hello.. Ms/Mr
Myself and my partner has split up. We have a house together which was bought in 2005 the problem that I have is that I did not initially put any money in to buy it but I have been there doing all the running up and down. We have split up before over the 21 years of his infidelity but this time its No more. Is there any way that I would not get any assets off the property....?
Submitted: 2 years ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Welcome to Just answer
I am a Solictor and will assist you.
Please may I ask:
- were you married?
- children ? If so how old?
- whose name is ***** ***** in now?
Also have you:
1) paid a deposit?
2) paid towards mortgage payments?
3) added value to the property through renovation ?
Kind Regards
Caroline
Customer: replied 2 years ago.
Hello Caroline
No we were not married..
We have one Child
The house is in both our names
I paid no deposit ... but I did all the driving for years all the paper work and all the work that's needed my was used to get the property
No renovationThank you
Customer: replied 2 years ago.
He has been unfaithful one time to many over 21 years ... I have been there and done all the dirty work this time he is not leaving with all the hard work I have put into that house.
My name is ***** ***** house 1st ... his is secondary.Thank you
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Thank you for your response.
I am sorry to hear about the difficulties you are experiencing with your partner.
Please may I ask:
- are you named as joint tenants or tenants in common?
- what is the house value and the equity?
- how old is your child?
Kind Regards
Caroline
Customer: replied 2 years ago.
Hello
Yes we are joint owners.
Our son is 15 years old.
The house value is around £300 thousand.
Equity around £70 thousand.Thank you
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Thank you for your response.
You need to check on the land registry document to see if you are tenants in common or joint tenants. If you don't have the document then you can obtain them online for a few pounds. Let me know if you need help with this and I will talk you through this.
If you are joint tenants and there is no deed of trust to the contrary then you own the property equally and are entitled to 50% of the sale proceeds should the house be sold.
If you are tenants in common then you own the property in unequal shares.
You could also consider a schedule 1 children act claim to provide housing for your son til he reaches 18. This is only a temporary transfer of your ex's interest in the property until your son is 18 then your husbands interest reverts to him.
Please do not hesitate to ask if I can assist you further.
Kind regards
Caroline
Please kindly remember to rate positively so that we receive credit for our work
Customer: replied 2 years ago.
Hello....
Yes please i will need help obtaining this on line as I have no clue about this.
And yes i will gladly write a reviewThank you
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Sorry for my delay in responding to you.
Follow the instructions on this link.
https://www.gov.uk/search-property-information-land-registry
Let me know when you have the official copy of the register and I'll tell you what to look for.
Kind regards
Caroline
Customer: replied 2 years ago.
Good evening CarolineI'm sorry but I am not having any luck all I can see is a form that should be printed off, then sent off and it said it will be returned to me within a week....?I thought that we would be able see it on line know...?
Sorry I not sure what to do....?
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Sorry you can do this online - you need to press 'start now'
Try this:
https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/
Kind Regards
Caroline
Customer: replied 2 years ago.
Good Morning
Thank you, ***** ***** linked worked. I have a copy of the RegistryThank you
Expert:  ukfamilysolicitor replied 2 years ago.
Good Morning
Please could you tell me:
under section B of the Proprietorship Register - you will find a subheading called ' Title Absolute'.
- firstly - whose names are ***** ***** this section?
- then - is there a paragraph in this section that says the following:
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 court.
Kind Regards
Caroline
Customer: replied 2 years ago.
Hello CarolineUnder this section is...
Under this section is....
My name and His name.... My name is ***** ***** is in capitals
RESTRICTION:
No disposition of the registered estate by the proprietor of the registered estate is to be registered without a written consent signed by the proprietor for the time being of the Charge dated 18 October 2006 in favour of Platform Funding Limited referred to in the Charges Register.
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Thank you for your response and for confirming that for me.
As you are named then you are a Joint Owner.
The Restriction you have detailed only relates to a mortgage or loan that is secured on the property.
As the restriction I detailed above is not included on your register - then you can be very certain that you are Joint Tenants on the property.
The legal presumption is such that you are entitled to 50% of the equity.
Please do not hesitate to ask if I can assist you further .
Kind Regards
Caroline
Please kindly remember to rate positively so that we receive credit for our work
ukfamilysolicitor and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you Caroline
That has been really helpful and thank you for your patients. I am right on it now to writing credit.
Kind regards
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
I am glad that I could help you.
I wish you all the best for the future.
Kindest Regards
Caroline
Customer: replied 2 years ago.
hello Caroline
One last question ... Would I be able to force him to sell the property ....?
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
If your partner wont sell and you want to realise your interest - then you can make an application to the court under the Trust of Land Act - asking for an order for sale.
If you do get to this situation - then its worth considering referring the matter to mediation first - to see if you can reach agreement without the need for court.
Kindest Regards
Caroline