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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10228
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My girlfriend is selling her home and will have £100000 equity

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My girlfriend is selling her home and will have £100000 equity but because of her credit rating cannot get a mortgage ( ex-husband and herself had money trouble).I have offered to get a mortgage for her on this very good new build 4 bedroom home, I will but the 25% down payment down and pay the monthly payments.My girlfriend will repay myself the 25% deposit and then set up a standing order to myself to cover the monthly mortgage payments.This I have no issues with but she would like her name on the deeds, should we split could she sell the house and leave me with the mortgage to settle.I would not consider putting her name on the deeds until I get the 25% deposit from her also she has agreed to sign a tenancy agreement.
Submitted: 1 year ago.
Category: Law
Expert:  DrJackiePhD replied 1 year ago.
Hi,
I am Dr. Jackie, an interpersonal communication researcher/professor and relationship counselor/expert. And I want to help. But I want to make sure you are asking from a relationship perspective rather than asking for a legal opinion. As much as I want to help, I can advise you from a communication/relationship perspective but not a legal one.
That said, relationships of any kind can be tricky when there is a legal agreement involved. However, it IS the legal agreement that an avoid a lot of headache, court drama, etc. in the future. For example, I do not know what the divorce rate is in the UK, but currently in the US, it is about 52%. So when a great deal of money is involved, it is advisable for couples seeking marriage to get a prenuptial agreement. The stats for divorce are much higher for second marriages, and even Christian counselors recommend prenuptial agreements for second plus marriages.
So, if there is a precedent for legal agreements in marriage, I wouldn't hesitate to do the same for sure when it is a girlfriend. I know she is very likely to feel hurt or betrayed or angry, but unfortunately in this era, one has to protect oneself. What you can do is put into the legal agreement that as soon as she has paid off the 25%, like you wrote, that her name then goes on it. I'm sure your attorney will also advise you to put into the document that if she defaults on payment after so much money, that it becomes yours again.
Please do put that clause into it. I have seen divorced couples fight over every last spoon and dish in the kitchen--you do not know what might happen to your relationship in a year or two or three. If you break up and she falls upon hard times and cannot pay you, then you have another BIGGER legal problem. Again, it's a matter of protecting yourself. I have a personal example. This is regarding a car, not a house, but the principle is the same. I had sold a car to our pastor's son, who had just graduated from college. He agreed to make payments every 2 weeks, and we signed a legal agreement document. Not only did he pay what we agreed, but he paid it off early. It was a good experience. I then agreed to sell another vehicle to a friend's employee. We signed a legal document. The only check that did not bounce was the first one. He bounced the next two checks. Then he moved and hid the car. It took me paying off some folks with a court order to go find the car and take him to court. In the end, it cost me a lot more money than I ever got from him. I did get my car back, but I never financed it again. Had I just trusted this person and not had a court document, it would have been very, very difficult and very costly to get back my car.
I know your situation is different, but I trusted this fellow because his boss was a good friend of ours and swore that this guy was very trustworthy. Since I had done this before with our pastor's son and had a good experience, I had no problem doing this again. Now, I never agree to have a car paid off over time. When we sell a vehicle, it's cash only. I only have said all of that so that you can protect yourself. The bot***** *****ne, and this is the KEY, is that if you have a great relationship, even though she may be offended/hurt/upset/angry at first, as soon as the rational part of her "kicks in," she will understand. And if she is trustworthy and has integrity, she will pay as she is supposed to and all will be well. You have to just get over that initial period of her being unsatisfied.
If you do not protect yourself as I have recommended, you run a risk of getting into a very big legal bind later. It is not worth it. As the old saying goes, "Get it in writing."
I hope this helps. Again, people with integrity will understand and be OK with such an agreement after an initial period of being upset--they will be OK because they will follow the agreement, and your relationship should be able to withstand her being upset at first. If you don't do this, things could go bad, very, very bad in the long run. Don't put yourself at risk.
Let me know please if you would like to discuss more further.
Best,
--Dr. Jackie
Customer: replied 1 year ago.

Thanks for your reply , but I wanted legal advise appertaining to U K law

please

Expert:  DrJackiePhD replied 1 year ago.
Hello,
If I have helped at all relationship-wise, would you please hit "ACCEPT"? Meanwhile, I'll try to find a legal expert to handle your question. Thank you!
--Dr. Jackie
Expert:  DrJackiePhD replied 1 year ago.
Oh, no,
You gave me a 1 or 2 rating despite the fact that it took me over 45 minutes to articulate a response based on relationships and I also sent it to the legal experts so that someone with a law degree (I have a psychology-based degree) could help you.
Is there any other way you would please consider changing the rating? I would really appreciate this since this hurts my very high satisfaction average and I really do work hard to achieve as close to 100% satisfaction as possible.
Thank you in advance,
--Dr. Jackie
Expert:  Aston Lawyer replied 1 year ago.

Hello and thanks for using Just Answer.

My name is ***** ***** English Property Solicitor, and am happy to assist you with your enquiry.

You mention that your girlfriend can not get a Mortgage, but would she be able to get a Mortgage if it were in joint names of her and you? (I am not 100% sure if she has such a credit history as to prevent her from getting any type of mortgage with anyone else, orit would just be the case that she wouldn't be able to get a Mortgage on her own).

If you could let me know, I can then provide you with a full answer.

I look forward to hearing from you.

Al

Customer: replied 1 year ago.

Al, My girlfriend would not get a mortgage, the mortgage would be in my name and I would own the house she would be a tenant. She will pay me the 25% deposit back when she has sold her present home.

Expert:  Aston Lawyer replied 1 year ago.

Hi,

Thanks for your reply.

Any Mortgage Lender will only allow the person in whose name the Mortgage is with to be on the Deeds to the house. Therefore, your name and only your name will have to go on the Deeds- the Lender will not allow your girlfriend's name to be on the Deeds, unless she is party to the Mortgage also.

Likewise, even when your girlfriend has paid you the 25%, your name alone will have to remain on the Deeds.

It's as simple as this.

Your girlfriend will therefore need to protect her own financial position when this payment is made- she can instruct a Solicitor at that time to prepare a Declaration of Trust, which is signed by both of you and which will set out the financial interests each of you have in the property. Your Mortgage Lender will not need to be party to this Deed.

I hope this sets out the legal position and assists you.

Please let me know if you require any further clarification.

Kind Regards

Al

Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10228
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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