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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34722
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Good morning, I jointly own my property with my mother,

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Good morning,
I jointly own my property with my mother, 50% each. The property has been valued at £585,000 and there is currently an interest only mortgage of £36,000, which has four more years left to run. There is nothing in place to pay off the mortgage, it has always been our intention to sell our property near the time our mortgage agreement comes to an end.
About 3 years ago by way of a Declaration of Trust I handed half of my 50% share over to my long term partner, as she had put some money into the property at that time to help finance an extension. This did not please my mother and she refused to allow my partner on the mortgage and deeds. So it was advised by a
solicitor a Declaration of Trust was the best option, as it didn't have to involve my mother.
My situation has changed and my partner and I of 15 years are looking to
separate.
My question is - is there any way I can prevent my partner from having my half share of the property? My mother wants me to hand over my share to her for if you like "safe keeping", is this possible? The Declaration of Trust was done through a solicitor and was registered with the Land Registry.
Hope you find the above clear.
Many thanks
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.
How much did your partner invest - and how much did the Extension add to the value of the property?
Clare
Customer: replied 3 years ago.

Hi

My partner invested about £18,000 - there is no written proof of that, as we just agreed to do a half share of my share.

The extension added about £100,000 onto the property, as it's a complete one bedroomed self contained annexe.

Thank you.

Hi
Are you willing to make her an immediate lump sum payment?
Clare
Customer: replied 3 years ago.

Hi

Sorry it has taken me so long to respond - just got in from work.

All my money is tied up in my property, my mother and I have no means of paying her a lump sum. However, if I borrowed from a member of my family, how much roughly would I have to pay?

thank you

Hi
Since your ex has made a clear financial contribution to the property on the basis either in return for or on the basis that she would make a financial contribution - one which has substantially increased the value of the property the Declaration of Trust cannot be set aside - and I am afraid giving your share of the property to you mother will not achieve this.
Your only option is to negotiate with your ex to see what figure she will accept to avoid a lengthy court battle and the expenses that would bring
You could try and do this using Family mediation (www.familymediationhelpline.co.uk)
Given that your equity is worth some £270,000 or more it is likely she will want at least £100,000 - the amount that her contribution added to the value of the property.
This can of course be only the roughest of guides - please ask if you need further details
Clare
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