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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My son moved in with his partner eight years ago, taking a

Customer Question

My son moved in with his partner eight years ago, taking a joint mortgage on the property. However in all that time my son has paid bills, mortgage, utilities ect. Also the deposit on the property was paid by my son. Now they are parting, does the partner have equal rights on the property?
***** *****
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is***** shall dd my best to help you but I need some further information first.Are they marries and are there any children involved?Did you son protect his deposit with a Declaration of Trust?
Customer: replied 1 year ago.
Not Married, no children, gay couple. don't think deposit protected.
Customer: replied 1 year ago.
Not married, no children, gay couple, don't think deposit protected.
Expert:  Clare replied 1 year ago.
Hi
Since your son and his partner did not agree to anything else then at present the property will be held on the basis that the equity will be divided equally between them.
Your son could apply to the court and argue for a greater share based on the payment of the deposit,
Whilst it is a good possibility that this would be successful there is no guarantee and accordingly they may prefer to try and negotiate an agreement using Family Mediation
www.familymediationhelpline.co.uk
I hope that this is of assistance - please ask if you need further details
Clare
Clare and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Many thanks,
Christine.
Expert:  Clare replied 1 year ago.
You are most welcome I hope all goes well