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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33281
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hello I sold my house for 127000 in 2012 to buy a property

Customer Question

Hello I sold my house for 127000 in 2012 to buy a property for 136000 my partner at the time funded the rest from the sale of is house, we are now splitting up, unfortunatly this house is in joint names. he said by law he is intitled to half of the house even though it was my money that paid for the bulk of the asking price, i have hard copies of my transactionetc that it was my money. help im really worried.
Submitted: 2 years ago.
Category: Law
Expert:  tdlawyer replied 2 years ago.

tdlawyer :

Hello, thanks for your question. My name is Tony, I can help with this.

tdlawyer :

Do you know whether the house was held as joint tenants or tenants in common?

JACUSTOMER-03te3yp2- :

i think its in joint names unfortunatly however butterworths solitors are getting the details on that

JACUSTOMER-03te3yp2- :

have you answered as i have not had a reply yet

tdlawyer :

Okay, if it's a joint tenancy, then you both generally get half each of the net sale proceeds, as this is what joint tenancy is really all about.

tdlawyer :

If you hold as tenants in common, then you may get different shares based on what you contributed.

tdlawyer :

The answer to this point will be on the TR1 document that you signed when you bought the property.

JACUSTOMER-03te3yp2- :

ok thanks, so if its in joint names then basically im f.....d

tdlawyer :

If it's a joint tenancy, then you might be in trouble I'm afraid, yes.

JACUSTOMER-03te3yp2- :

o great

tdlawyer :

Sorry, but the better news is that if you were not told about this to start with, then you may have a negligence claim against the solicitors that dealt with the purchase for you.

tdlawyer :

That is something you should perhaps explore further.

JACUSTOMER-03te3yp2- :

how could i find out

tdlawyer :

You need to speak with a professional negligence litigation solicitor once you have your files from your conveyancing solicitors. They will go through the file and see whether you have a claim. You should be able to get one to do this for free too, on a no win no fee arrangement.

JACUSTOMER-03te3yp2- :

ok thanks

JACUSTOMER-03te3yp2- :

nothings coming through

tdlawyer :

Let me swithc to Q&A mode, you might find it easier to work with.

Expert:  tdlawyer replied 2 years ago.
IS this better?
Expert:  Clare replied 2 years ago.
Hi
Things may not be as bleak as the above suggests
If there is a declaration of Trust setting out that you each own a certain percentage then that is conclusive.
However if there is not and you do hold it as Beneficial Joint tenants then all is not lost if you can show that there was no intention on your part to gift the money to your partner
You can read more here
http://www.guildhallchambers.co.uk/files/Life_after_Kernott_v_Jones_TimWalsh_September2012.pdf
To avoid court costs you will need to try and resolve matters with your ex using Family Mediation (www.familymediationhelpline.co.uk)
Clare

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