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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34120
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I couldnt get a mortgage due to bad debt, my partner at the

Customer Question

I couldn't get a mortgage due to bad debt, my partner at the time obtained a mortgage in his name, I put down the deposit of £35,000, I pay into his bank every month the mortgage amount and have carried out many alterations to the property in which I have paid for, we rented the house out at first and the rent went into his bank, we broke up and now I live in the property with my youngest daughter of 19 years. My daughter can now get a mortgage for the property but my ex is saying he will not let me have my deposit back nor let us buy the property...
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

What is your question please?
Customer: replied 3 years ago.

I couldn't get a mortgage due to bad debt, my partner at the time obtained a mortgage in his name, I put down the deposit of £35,000, I pay into his bank every month the mortgage amount and have carried out many alterations to the property in which I have paid for, we rented the house out at first and the rent went into his bank, we broke up and now I live in the property with my youngest daughter of 19 years. My daughter can now get a mortgage for the property but my ex is saying he will not let me have my deposit back nor let us buy the property... What can I do????


 

Expert:  UKSolicitorJA replied 3 years ago.
Hello,

He holds the property on trust for you, this is known in law as a resulting trust as you have contributed to the purchase price of the property and the mortgage repayments and assuming that you never had an intention of gifting the money to him.


To protect your interest in the property, I would advise you to enter a restriction against the property at the Land Registry using a RX1 application .

http://www.landregistry.gov.uk/_media/downloads/forms/RX1.pdf


See the Land Registry guidance here Section 8.4

http://www.landregistry.gov.uk/professional/guides/practice-guide-19


You may appoint a solicitor to lodge the application for you if you require assistance with it.





Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
At the time that you entered into this transaction did you protect your interest in the property by using a Declaration of Trust?
Did the solicitor who dealt with the matter query the basis on which you were paying the deposit?
Clare