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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 841
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I've had a flat which I purchased with a friend over 8

Resolved Question:

Hi. I've had a flat which I purchased with a friend over 8 years ago. We are both on the mortgage. She moved out after a year and purchased another property and I started and maintained the property of all this time? Now I'm selling and she obviously knows. What is she entitled to? Am I entitled to reimbursement of her missed payments towards the property and maintenance/groundrent etc,???
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 know if you are tenants in common or if you are joint tenants?
- was there any deed of trust when you bought the property?
- does the buy out plan that you have agreed include a reduction for the additional monies that you have paid? Is this agreed by the other person?
Kind Regards
Caroline
Customer: replied 1 year ago.
I've had a Iook so far I can't find any info to that nature on the registry. I'll have find the deeds.The buy out plan is agreed and I am happy with the amount.I will check the paperwork I have and get back to you with The info. I
Customer: replied 1 year ago.
I have attached what I can find so far.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
If you have the official copy of the register - I can talk you through whether you are likely tenants in common or joint tenants. It is however worth checking your documents first to see whether or not there are any deeds of trust.
Kind Regards
Caroline
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Checked that for you - you are Tenants in Common - which means you own the property in seperate shares.
Can you remember what these are? Should be in your deed of trust?
Kind Regards
Caroline
Customer: replied 1 year ago.
I have no idea? Once I get back to my office I can check?
Expert:  ukfamilysolicitor replied 1 year ago.
Ok that's fine
I note you have reached an agreement anyway so I'm just trying to help you make sure what is agreed is about right
I can advise you on the basis of the information you have now provided and I will prepare this for you now - but if you want to let me know when you've checked as well
Kind Regards
Caroline
Expert:  ukfamilysolicitor replied 1 year ago.
Ok
As you are Tenants in Common - you are each entitled to a distinct share in the property - which will be detailed in your Deed of Trust
As per this percentage - this is what part of the equity that you are both entitled too - this will give you the idea of what it is that the other person should be receiving
In respect of the additional payments you have made towards the upkeep and mortgage since the other person moved out - whilst the presumption is that the equity will be split as per the deed of trust - you can ask a court to make a declaration as to the interest that you own in the property ie asking for the court to declare that your interest is larger than is what is set out in the deed of trust. The will be somewhat easier if the value that you have added to the property is substantial and / or the mortgage payments made are considerable.
As matters have been agreed - then you won't need to go to court. If however there was a dispute - I would advise that you consider referring this to a mediation service so that they can help agree the additional amount you should agree without the need for court.
I would also advise you to consider preparing a consent order in respect of what has been agreed - submit this to the court for approval - as once it's approved and sealed by the court it becomes legally binding.
Please don't hesitate to ask if I can clarify anything for you
Kind regards
Caroline
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Expert:  ukfamilysolicitor replied 1 year ago.
Please kindly remember to rate positively so that we receive credit for our work. Please do not hesitate to ask if I can clarify anything for you.
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