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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 842
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My daughter has lived with her boyfriend years

Resolved Question:

My daughter has lived with her boyfriend for several years in a house they are buying together. I lent my daughter the money for a 20% deposit that she pays me back in monthly instalments, no interest. They have shared all the other household costs, including the mortgage interest repayments, equally. They have now decided to split.
He has said that he wants to stay in the house and buy her out fairly. I would say that this should be approached as follows: She started off by owning 20% of the house. Therefore, the remaining 80% is shared equally. Therefore, she owns 60% and he owns 40%. Therefore, he must give her 60% of the current house value less 50% of the outstanding mortgage. Can you please tell me if you agree with that?
Secondly, my daughter wants to move out immediately and stay with a friend of hers while this matter is being finalised. She is worried that if she moves out of the house she might be putting herself at a disadvantage regarding her rights in the matter. Can you please advise on that?
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
Please can I ask:
- is the property held as Joint Tenants or Tenants in common?
- is there a deed of trust?
Kind Regards
Caroline
Customer: replied 1 year ago.
Thank you. My daughter is ascertaining the answer to your first question re how the property is held. I will get back to you on that asap. Re the second question, Yes there is a deed of trust. From a practical point of view, it would be good to know asap if possible whether she can safely move out of the house and stay with her friend without disadvantaging her position. Many thanks.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
My sincere apologies for my delay in responding to you today.
If your daughter moved out - but is still named on the deeds as an owner then she is still entitled to her share.
I would be wary if the ex moved somebody else in and they did any of the following:
1) paid the mortgage, 2) paid a deposit or 3) renovated the house
As this might give the 3rd person a claim in respect of the property.
As a legal owner - she has a right to live at the property - although be mindful that if she moved out for a good period of time then decided to return to the property and there was hostility the other party might seek an order such as a non molestation order to temporarily exclude your daughters right to reside there. These orders usually last around 6 months. Such an order would not effect your daughters legal title to the property and she could still ask the court to consider making an order for sale so that he interest can be realised.
Kind Regards
Caroline
Please kindly remember to rate positively
Customer: replied 1 year ago.
Dear *****, Before I submit my rating (which based on things so far, will be very positive) my daughter has now confirmed that the property is held as Joint Tenants. I assume that that makes no difference to the advice you have given so far? Also, can you please confirm that my formula for the financial settlement is correct? And finally, my daughter will have to incur costs in moving her possessions out and also in finding new permanent accommodation for herself. If she decides to buy a property for herself, as is likely, there will be all the conveyancing, stamp duty etc. Would it be reasonable to expect the boyfriend to contribute to these costs please - given that he will avoid all such costs because he is staying put?Many thanks.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response and your kind comments.
As your daughter is a Joint Owner - the court presumes that she is entitled to a 50% share of the equity. This doesnt account for the deposit that the deposit that you gave your daughter as the presumption is 50/50 when joint tenants. You are going to have to prove that the money that you daughter was not a gift but a loan.I note that your daughter has been repaying you the money which will help. I am however suprised that the true position wasnt recorded when the property was bought. It would have been easier to argue now if the property was being held as tenants in common (that being held in unequal shares) with your daughter shares being bigger to reflect the deposit she is repaying to you. I would have also have expected to see a deed of trust in your situation. That being said - you can still try to argue the deposit was not a gift.
If your daughter wanted to realise her share then she should make an application to the court on Part 8 Claim Form - asking the court for an order for sale and also a declaration as to her interest in the property (so that you can try to argue the split should not be equal).
Your daughter would have to make a referral to a mediation service first before she could make an application to the court to see if the matter can be agreed without the need to make an application to the court.
In respect of your daughters moving costs - this will have to be bourne by herself. I would also seek tax advice if she was to buy another house before this issue is resolved - I am not a tax specialist but would be concerned that she might have to pay capital gains tax if she had another property in her name - when she gets her interest in this one.
Kind Regards
Caroline
Customer: replied 1 year ago.
Dear *****, There is a deed of trust in place. I mentioned that yesterday. Does that change the advice in your last message please?Thank you
Customer: replied 1 year ago.
Also, from what she tells me, the boyfriend is not trying to dispute the fact that she owns 20 per cent of the property value outright- plus 50% of the equity over and above that.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your responses.
I'm glad to her that he is not disputing the share position.
Assuming the deed of trust confirms the position - then you calculation is correct.
Kind Regards
Caroline
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