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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34276
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My partner and I recently split up. We signed a deed of trust

Resolved Question:

My partner and I recently split up. We signed a deed of trust 50%/50%. We are now selling our property and I am now disputing the equal division of equity, as I put down the entire deposit of 25% of the purchase price. We had verbally agreed that I would solely recieve the value of the deposit before equally dividing the remaining equity. Please let me know if there is a chance that I will recieve my deposit back. Do you know of any such cases? Many thanks.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Why did you sign a Deed of Trust which did not reflect what had actually been agreed?
Clare
Customer: replied 3 years ago.

She became very upset when I suggested that I should receive a greater percentage. She thought this was like a prenuptial and said that I should trust her not to try to take any of my deposit. We agreed to pay the mortgage and bills in equal shares. So she said she would not sign anything but 50/50. I trusted her, knowing she had come from an unhappy, controlling relationship previously. After almost 1 year of trying to sell my house and buy this next house together, I didn't want anything to jeopardise the situation at the final hurdle.

Expert:  Clare replied 3 years ago.
Hi
How long ago was this?
Clare
Customer: replied 3 years ago.

The deed of trust was March 2009

Expert:  Clare replied 3 years ago.
Hi
Do you have any evidence of the verbal agreement?
Clare
Customer: replied 3 years ago.

No. I only have evidence that all the deposit, stamp duty, land registry and legal fees came from me alone.

Expert:  Clare replied 3 years ago.
Hi Stuart
It is bad news I am afraid the court will see the Declaration of Trust as being decisive in terms of how you intended to hold the ownership of the property UNLESS you have independent evidence of the verbal agreement
If you had in fact signed nothing at all you would have had a chance of achieving something different - but as things stand I am afraid that any court application would be a waste of your funds
I am sorry - please ask if you need further details
Clare
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