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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 744
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I split with my girlfriend of 10'years about a year ago we

Resolved Question:

I split with my girlfriend of 10'years about a year ago we have 2 children we share custardy of the children 50/50 , my house is in my name only, on the mortgage and in the title deeds as she agreed to have them taken off when she left as the large deposit on the house was from money my mum left me before she died a year before we bought the house, we only had the house 3 years before she left so the only equity in it was the deposit from my mums money and the discount we got from the council, now I hear she is having trouble finding somewhere to live she can afford and while seeing the council the chap said she should take me to court and get the house off me so my question is can she do this ?
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your question.
Can I ask -
were you married? If not did your ex
- pay the mortgage at any point?
- pay a deposit ?
- add value to the house by redeveloping it?
Kind Regards
Caroline
Customer: replied 1 year ago.
Hi no to all questions
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Sorry one more question as I am sure from your first post - is your ex named on the mortgage and deeds? I think you are saying she isn't but then you state about taking her name off? Please kindly confirm.
If she is on the deeds then is this as a joint tenancy or a tenancy in common?
If it's tenancy in common was there a trust deed?
Kind regards
Customer: replied 1 year ago.
She was on the deeds but we had her name taken off when she left, she agreed to this at the time. Going back to her paying the mortgage she didn't at anytime but obviously spent her money on other bills
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
We're you joint tenants or tenants in common?
Kind regards
Customer: replied 1 year ago.
I am not sure but I think we were joint tenants with the council then bought the house? We bought the house together from the council her name was on the mortgage and deeds but she agreed to have them removed from both when she left
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
If you were joint tenants then it is presumed that you own the property in equal shares. You do need to check to make sure if you were joint tenants or tenants in common. If you were tenants in common then you would have held the property in unequal shares.
I note that you consider that the only equity in the property is from your inheritance and the council discount. I note that your ex has removed her name from the title.
It could be possible that your ex might issue a Trust of Land Act claim for a decision in relation to a share she might own and also possibly a sale to realise her share. Your ex might try to argue that you coerced her to take her name of the deeds.
I appreciate this is not what you want to hear if it helps - the burden of proof is on your ex. These types of claims are not easy and your ex is very unlikely to get legal aid under the new rules to help her.
Kind Regards
Caroline
I would be grateful if you could kindly rate my answer. I am new to this service and positive feedback is gratefully received.
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 744
Experience: Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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