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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33304
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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House with both name on mortgage and deeds. Couple not married,

Customer Question

House with both name on mortgage and deeds. Couple not married, no children, wanting to separate. One has paid all the mortgage and utility bills, other has not made a contribution. Been co-habiting 12 years, partners name was only added approx 5 years ago (she said it would make her feel more secure). He as well as paying all the mortgage ploughed in a very large sum of money he had from an inheritance so left with small mortgage of approx £30,000. She wants out and a 5o-5o split. Do you think she has any chance of getting this?
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
Did he protect his interest and investment in the property with a Declaration of Trust - was there any discussion about who would have what if they separated?
Claire
Customer: replied 3 years ago.

No to the declaration of trust and no discussion as to what would happen if they separated. My son was to trusting. But will it not count that every payment has gone out from his account and nothing from his partners.
She has only worked on and off over the years and hasn't contributed to anything.

Customer: replied 3 years ago.

You still havn't replied to original question or to the second one

Expert:  Clare replied 3 years ago.
Hi
I am very much afraid that your son will pay a very high price for his trusting nature.
Unless there is a Declaration of Trust stating other wise the property is assumed to be held on the basis that the proceeds of sale will be divided equally between the owners.
Your son can try and apply to the court for an order that in fact there was an implied agreement that he would receive back his original investment - but I have to be honest and say that the odds are against him.
However his ex may not realise this so it would be worth offering to mediate with her to see if an agreement can be made
Claire

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