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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 854
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My daughter has been in a relationship with her partner for

Resolved Question:

my daughter has been in a relationship with her partner for 15 years , they purchased a house together 5 years ago and in the last 3 years the relationship has got to the point where they can't live together anymore, my daughters partner has said he will give her 10,000 pounds as her share of the house . There is about 100,000 equity in the property, what are my daughters legal rights , please advise
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. Please may I ask: - did they marry?- any children?- did they buy the house together as tenants in common or as joint tenants?- was there any trust deed in relation to the property?- was there a deposit paid? how much and by whom? Kind Regards Caroline
Customer: replied 1 year ago.
Hello Thank you for your response.They have never got married
they have no children
they bought a house 5years ago, it is a joint Mortgage 50/50
they have no anti trust deed
they deposit was a loan from my daughters partner Father, which should be paid back if the house is sold, the deposit was 20,000 pounds
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Thank you for your response. In order for me to be able to give you the correct information I could do with knowing if they are joint tenants or tenants in common. It is worth you downloading a copy of the land registry title as it can indicate the position. It costs about £3. Follow this link and let me know when you have it and I will tell you what to look for. http://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_Sj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0C7IdFQG9k5Tz/ kind regards Caroline
Customer: replied 1 year ago.
I have registered and tried to find my daughters house address , but it cut me off before i could download the Title Registry
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Sorry to hear that. I will give you both situations. 1) If they are Joint Tenants - then they are both entitled to half of the equity in the property - that being 50%. 2) If they are Tenants in Common -then they are each entitled to a defined share. This would be recorded in a Trust Deeds. When you do manage to get a copy of the tile look for this under the proprietorship register section : "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." If it says the above - they are likely Tenants in Common and your daughter can ask the conveyancer who dealt with the matter for a copy of the trust deed so she knows what her percentage share is. If it doesn't state the above - then they are Joint Tenants and therefore the offer of £10k is unrealistic given the equity as your daughter is entitled to half. Your daughter needs to consider making an application to her Local County Court This can be done on Claim Form Part 8. Court fee is £280. Your daughter can ask the court for an order for sale of the property so that her full interest can be realised. Your daughter should also consider referring her case to Family Mediation. There are lots of family mediation services and there will be one local to you. Just google family mediation in your area and give them a call to get the ball rolling mediation. Mediation will try and help them agree what and when your daughter will get her share. If the ex wont engage in mediation - then your daughter should apply to court to have her share realised. Let me know if I can help you further. Kind Regards ***** ***** kindly remember to star rate positively so that we receive credit for helping you today
Customer: replied 1 year ago.
Thank you very much for your help, I will try and get this information tomorrow and let you know how i get on, I appreciate your helpStuart
Expert:  ukfamilysolicitor replied 1 year ago.
Your welcome Stuart Glad I could help Thank you for using Just Answer Kind Regards Caroline
Customer: replied 1 year ago.
I just received the download, is it too late to send this to you, sorry it is so late
Expert:  ukfamilysolicitor replied 1 year ago.
no not at all :)
Customer: replied 1 year ago.
Please find the attached file, maybe this is the wrong one
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Stuart I have checked that and the only restriction relates to the mortgage company which indicates they are joint tenants. Your daughter is therefore entitled to 50% of the equity. Attempt Family mediation and if agreement cannot be reached as to when and how she will receive her interest - then she needs to apply to the county court asking for an order for sale so her interest can be realised. Let me know if I can help you further. Kind Regards ***** ***** kindly remember to star rate positively so that we receive credit for helping you today
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Customer: replied 1 year ago.
Thank you very much, i will inform my daughter and she can contact the courts for the order of sale.
Expert:  ukfamilysolicitor replied 1 year ago.
your very welcome - glad I could help you to help your daughter. kind regards Caroline

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