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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 865
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My two sons own a house between them one son put down £23,000

Customer Question

My two sons own a house between them one son put down £23,000 deposit the other son put down £10,000 the son that put the bigger deposit down has been having an affair with the son wife who only put £10,000 down now wants to sell the house and go off with her he's telling my other son he's entitled to 80% and the other one 10% is this correct or would it be 50/50
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
The answer you seek depends upon whose name in the property is in and how the property is held.
When the property was bought decisions would have been made as to whether your sons would hold the property as Joint Tenants or Tenants in Common and there may have been a deed of trust.
If the property is held as Joint Tenants the the presumption is that they own the property in equal shares of 50/50.
If the property is held as Tenants in Common then the property will be held in unequal shares which a deed of trust should detail.
Your son needs to check the original purchase documents to confirm the position.
Either party can apply to court for an order for sale if agreement to sell cannot be reached.
Please do not hesitate to ask if I can assist you further
Kind Regards
Caroline
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