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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34497
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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my partner has died and we were not married we made out a will

Customer Question

my partner has died and we were not married we made out a will but he died before he could sign it and now his children are trying to take 50% of my house I put down 85% of the purchase price and my partner put down 15% how do I stand now?
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.
Who actually owns the property?
Clare
Customer: replied 3 years ago.

hi clare I own the property but they say under (tenancy in common) they are entitled to 50%

Customer: replied 3 years ago.

hi clare I own the property now but it was jn joint names when my partner was alive

Expert:  Clare replied 3 years ago.
Hi
So was it held as Tenants in Common - did the Land Registry Transfer it to you when you sent them a copy of the Death Certificate?
Clare
Customer: replied 3 years ago.

hi I don't know if not can I do it now?

Customer: replied 3 years ago.

hi I don' t know my son dealt with everything if not can I do it now

Expert:  Clare replied 3 years ago.
Hi
How did the property come to be in your sole name now?
Clare
Customer: replied 3 years ago.

hi because my partner died the names were in joint ownership

Expert:  Clare replied 3 years ago.
Hi
Ok.
has your son already arranged for it to be transferred into your sole name?
When you purchased the property what was agreed about the shares in which the property was held?
Clare
Customer: replied 3 years ago.

hi we had a agreement drawn up to say what monies we put in patricia

Customer: replied 3 years ago.

hi we had an agreement drawn up to say what monies we put in patricia

Customer: replied 3 years ago.

hi clare we had an agreement drawn up stating that I put down 85% and my late partner put down 15% patricia

Customer: replied 3 years ago.

 


hi clare we had an agreement drawn up stating that I put down 85% my late partner put down 15% patricia



 


 


 


 


 


 


 


 


 


 


 


 


 


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Customer: replied 3 years ago.

hi clare we had an agreement drawn up stating I put down 85% and my late partner put down 15% patricia

Customer: replied 3 years ago.

hi clare just to refresh your memory in case my answer to your question I put in 85% and my late partner put in 15% we had an agreement to this affect patricia

Customer: replied 3 years ago.
hi clare do you have answer to my question yet? just to refresh your memory my reply to your question was we made out an agreement stating I put down 85% and my late partner put down 15% thank you patricia
Customer: replied 3 years ago.

hi clare I didn't say the will we jointly made that wasn't signed stated that everything should come to me and in the event of my death it should be split between his two children and my two .So they were his last wishes patricia

Expert:  Clare replied 3 years ago.
Hi
My apologies for the delay
Since the Will was not signed then I am afraid it has no validity.
However from what you have said there was a Declaration of Trust drawn up which clearly sets out the percentages of the property that you each own
On that basis you do have to pay his family a percentage of the equity - but that percentage is 15% not 50%
However if you have lived together for more than two years you can also consider making a claim against the estate on the grounds that he did not make proper provision for you
This could lead to you receiving his share of the property as settlement
I hope that this is of assistance - please ask if you need further details
Clare