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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33283
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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Me and my partner have been n a relationship last

Customer Question

Hi. Me and my partner have been n a relationship for the last 6 years and we were due to get married this year in July (he had proposed to me two years ago), in this time we also agreed that we would start the process of adoption and in this time have been approved as adopters and have been waiting for a child to be placed with us via the adoption agency. I live in a property with my partner which i contributed to via a deposit, but the property is in his name as well as the mortgage. We have owned the property for just over a year and in this time we had both agreed that he would pay for the mortage and I would stay at home refurbishing the house, which i have been doing for the last year. The property i would say is 60% complete and he has now decided that he wants to end the our relationship. I would like to know:
My rights to remain in the property.
My rights to any increase in value of the property.
Any monies that I should ask for as a result of the our past relationship and the work that i have done on the house.
Regards
Bruno
Submitted: 8 months ago.
Category: Family Law
Expert:  Clare replied 8 months ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstHow much is the property worth and how much is outstanding on the mortgage?What deposit did you pay?
Customer: replied 8 months ago.
HiI paid £15000 towards deposit.The property is worth £300,000 in its old state. We have made improvements and I believe the property could be worth £350/£370000 in its current improved state. Once the property is finished I believe it could reach in the region of £500000. The current amount outstanding on the mortgage is approx £285000Hope this answers your questions and thank you for helping me.Bruno
Expert:  Clare replied 8 months ago.
Have you paid for any of the improvements and did you protect your deposit with a Declaration of Trust?
Customer: replied 8 months ago.
Yes I have paid for some on the improvements, but we have a joint account and thats where the money has been going out from. I don't think the deposit is in a Declaration of Trust. But we are registered as Tenants in Common
Expert:  Clare replied 8 months ago.
So you are in fact a joint owner on the deeds?
Customer: replied 8 months ago.
Well I have a copy of the deeds which I will send you and my name has no mention on there. Is that what a Tenant in Common means?
Customer: replied 8 months ago.
Ok. So on this premise that I am in fact Tenants in Common, what rights do I have with regard to the any uplift in value of the property etc.
Expert:  Clare replied 8 months ago.
No I am afraid that you are not Tenants in Common at all.Did you sign anything at all when the property was purchased?
Customer: replied 8 months ago.
Yes when we purchased the property I was asked to sign a separate document that I believe was a Tenants in Common. Is there a way I can find out if this is the case or not?
Customer: replied 8 months ago.
hisorry i received a email saying you replied but cant see this reply?
Expert:  Clare replied 8 months ago.
That does sound like a Declaration of Trust.Were you sent a copy?
Customer: replied 8 months ago.
I've just spoken to him and it he says that what I signed was a Tenants in Common. I haven't mentioned this Declaration of Trust as I dont want him to know I have been seeking legal advice yet.Is there anyway I can find out if I have in fact signed a Tenants in Common? Do I speak to our solicitor? I wanted to avoid that as it will show that I'm seeking legal advice.If I have signed Tenants in Common, where does this leave me legally?
Expert:  Clare replied 8 months ago.
Tenants In common would only apply of you were actually a joint owner of the property - so if you have signed it then it is evidence that your partner viewed this as a joint purchase and that you were entitled to a share of the equitySince you are not legally a joint owner then your only right is to be given "reasonable written notice" to leave - generally at least two months.However since you have made a financial contribution to the property in terms of the deposit paid and the work you have done you do have a financial claim on the property.That claim would appear to be between 5% of the actual value of the property or maybe 15% - 20% of the Equity You should try and negotiate this using Family mediation - but if that fails you may need to use the Trusts of Land and Appointment of Trustees Act to make a claim against the propertyI hope that this is of assistance - please ask if you need further details

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