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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 own a property with my ex who walked out on me back in January.

Customer Question

I own a property with my ex who walked out on me back in January. We purchased this property from my parents, we were renting it at the time, as it was due to be repossessed. My ex didn't contribute a deposit, nor pay the stamp duty or solicitors fees. Having him on the mortgage was purely to allow us to purchase the property. We had been together for a couple of years so didn't anticpate breaking up in the short term.
He felt bad about leaving me so agreed to pay half the mortgage until I could redo the mortgage solely in my name and drawn down all funds he had paid in until that date. He explained at the time that it was essentially my home and he had no interest in the rest of the property.
I'm literally about to redo the mortgage this week, valuation has been sent to the bank - in 2 years it's made 100k so he's now decided he wants half the equity, what right does he have??
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 may I ask:
- do you hold the property as Joint Tenants or Tenants in common?
- did you pay a deposit? If so was there a Deed of Trust in respect of the deposit?
Kind Regards
Caroline
Customer: replied 1 year ago.
Hi
Thank you for getting back to me. I'm not sure what is meant by join tenants or tenants in common??
There was no deposit from him, the property was bought as a family purchase, meaning the equity was gifted to me by my parents.
Hope that helps
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
It's quite important to find out what type of Joint Owners you are.
If you are Joint Tenants then you own the property equally. There may also be a Deed of Trust in respect of the equity that your parents gifted to you - can you recall if the a Deed was signed?
If you are Tenants in Common then you own the property in unequal shares.
Do you have a copy of the Land Registry title documents?
Kind Regards
Caroline
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
If you can't find the Land Registry documents - you can download a copy of the register online - costs £3.
https://www.gov.uk/get-information-about-property-and-land/search-the-register
Let me know when you have the document.
Kind Regards
Caroline
Customer: replied 1 year ago.
I do have a copy here but can't see that information on it, what section is it under??
Expert:  ukfamilysolicitor replied 1 year ago.
Ok
Look under the section that says Section B - Proprietorship Register.
There will be a sub heading - Title Absolute.
Point number 1 under this heading should say both your names.
Is there a point 2 that says something like 'no disposition by a sole proprietor....'
Customer: replied 1 year ago.
Point 2 states: (18.10.2001) RESTRICTION - except under an order of the registrar no transfer, assent or other disposition leading to a change in the proprietorship of the land is to be registered unless a certificate by the solicitor to or the secretary of the point Bristol management company limited (company) has been produced they the new proprietor has applied to become a member of that company
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
That just relates to the management company for the property.
Is there anything else or is that it?
Kind Regards
Customer: replied 1 year ago.
No, point 1 states our names, point 2 states the above and then point 3 states the purchase price
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for this.
My apologies for my delay in responding to you.
You can be very certain that you are Joint Tenants. I do however advise you to get a copy of the conveyancing file from when you purchased the property so that this can be confirmed. You should also check with the conveyancers whether or not a deed was drawn up in respect of your deposit.
I am sorry to tell you but when you are Joint Tenants the law presumes that you own the property jointly in equal shares. The presumption at law therefore is that your ex is entitled to a half share of the equity.
I would hope that a Deed was created when you bought the property in respect of the gift from your parents being yours. In the event that this wasn't done - maybe your ex won't dispute this point.
The area of law that deals with these types of disputes for unmarried couples is the Trust of Land Act. You can make an application to the court for a declaration to be made in respect of your interest in the property. Whilst you can argue that your share should be larger - you are starting on a back foot. The court must have regard to the intentions of the person or persons (if any) who created the trust and
the purposes for which the property is held.
I am sorry to tell you this but I do have to be honest.
You have to be aware that your ex can make an application to the court under the trust of land act for your property to be sold and for your interest to be realised.
Before any application can be made to the court - mediation has to be attempted. This is a service that will attempt to help you agree matters without the need to make an application to court. It is my advice that you try and reach an agreement at mediation.
It is also my advice that you consider severing your joint tenancy now. Please see link below for example notice letter and Form A to lodge at the Land Registry. It is important that you do this - if you don't and you were to die and still be joint tenants - then the Right of Survivorship applies and your share in your property would automatically pass to your ex.
Kind Regards
Caroline
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ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 744
Experience: Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
ukfamilysolicitor and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi, could I get the link you mentioned above please??
Many thanks
Expert:  ukfamilysolicitor replied 1 year ago.
Of course - sorry I missed it before:
http://www.landregistryservices.com/samples/england_and_wales/eng_notice_of_severance.pdf
Kind Regards
Caroline
Customer: replied 1 year ago.
Brilliant, thank you so much.
You've been most helpful. The answers you have provided are clear and informative which will allow me to react to his request for equity in the best way possible now that I am fully informed.
Thank you again!!
Melissa
Expert:  ukfamilysolicitor replied 1 year ago.
I'm glad I could help you Melissa - I wish you all the best
Kind Regards
Caroline

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