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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10458
Experience:  Barrister 17 years experience
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Hi. Just over two months ago, a house which I had lived in

Resolved Question:

Hi. Just over two months ago, a house which I had lived in continually and was bought using my money, but mortaged on my behalf, and therefore in the name of another person. She has withheld half of the resulting equity from the sale and is refusing to communicate or return it to me. Do I have any rights in law to, a, prevent her spending or disposing of the money, and, b, to bring a case to have it returned to me?
Submitted: 3 years ago.
Category: Law
Expert:  Buachaill replied 3 years ago.

Buachaill :

1. Firstly, where property is purchased by one person, such as you, in the name of another person, call her B, then there is a resulting trust in law of the property back to the person who provided the money. This applies irrespective of whether there is a mortgage or not. This resulting trust extends to the monies obtained upon a sale of the property. So in law, you will be treated as the owner of the property and be entitled to relief to protect your situation. This means that you can get an order from the court preventing this lady B from reducing her assets within the jurisdiction of England below the amount of money she has withheld from you. This relief will be granted pending a full hearing of a legal action take by you to enforce the resulting trust of the monies obtained from the sale of the property to you. Be aware that the court may also grant a freezing order on any account with the money, but you will need to show where the monies from the sale are held. Often, this is difficult to show.

Buachaill :

2. So, I would advise you to get a solicitor who may bring proceedings to enforce your resulting trust. You should immediately seek injunction proceedings seek to prevent this woman for disposing of the monies. Otherwise she may spend the monies and have nothing left for you.

Customer:

Thank you. Would I need a solicitor who is expert in property law, specifically? Secondly - are we talking County Court hearing?

Customer:

B also took out a secured loan against the property some three years previously. This of course, was settled and repaid as a result of the sale. Does the appropriation of the sum of money involved also fall within the trust in law pertaining to the purchase of the property on my behalf?

Customer:

Please excuse my cautious nature but, to be absolutely clear, having reviewed your verification on this website, I'd like to just confirm that the answers you have given me do relate to law in the UK, and not specific to Ireland?

Buachaill :

3. Yes, you would need a solicitor with knowledge of property law and the law of equity. Secondly, you are talking a County Court hearing. Thirdly, the appropriation of money to discharge the loan to B also falls within the resulting trust principle. It is a further obligation that B has to repay. Finally, I am qualified in the UK as well as Ireland. These statements outline the law of England & Wales and not Ireland.

Customer:

Depending on your answers, I have, I think, just two more questions. Firstly, concerning proof; what kind of evidence would be required to most successfully pursue a case of this type? Secondly, if successful, could I expect to recover my legal costs?

Buachaill :

4. Firstly, clear documentary evidence that you provided the money for the house purchase. Essentially, you need a paper trail to show you provided the money. For example a transfer of the money to the purchaser or to your solicitor, or documents showing you arranged and paid for the purchase. Secondly, you can expect to recover your legal costs if successful. However, be aware that not all legal costs are recoverable from the other side, as your own solicitor might charge you for some things which are not recoverable from the other side.

Customer:

What advice is B likely to be given to aid her defence?

Buachaill :

5. Lawyers don't give advice to "aid" a defence. Essentially, she would have to be in some form of civil partnership with you to get a half share in the house. Or have contributed to the purchase money.

Customer:

Yes, of course, I did mean to ask, on what grounds could she defend her actions? I assume you meant that the two possibilities you mentioned are, in this case, the only ones relevant?

Customer:

ps I promise that this will be my last question and thank you for your help. I shall rate your service now.

Buachaill :

6. Those two and effectively that there was some gift element which was made absolute.

Customer:

Many thanks.

Buachaill, Barrister
Category: Law
Satisfied Customers: 10458
Experience: Barrister 17 years experience
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