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Clare
Clare, Solicitor
Category: Law
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Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Myself and my partner jointly purchased a property in 2013.

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Myself and my partner jointly purchased a property in 2013. A deposit of £100,000 was paid of which 95% by myself and 5% by my partner. The mortgage was based on tenants in common. We signed a declaration of trust stating that 35% of the house would be allocated to my partner, the remaining 65% to me.
Monthly mortgage payment was £467 equally divided by the 2 of us. Our partnership split after 18 months of house purchase with my partner having paid £4203 mortgage contribution. I have been paying the mortgage by myself since March 2015. My partner is now asking for his full 35% of the house which amounts to circa £56,000 (estimated current value minus deposit). Is there any way that this can be contested?
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. I am a qualified family law solicitor.
Did you have an agreement that your continued sole payment of the mortgage after separation would increase your share of the property?
If there is no explicit agreement, unfortunately you are bound by the declaration of trust. If you are unable to pay for his share, then the property will need to be sold and equity distributed in accordance with the declaration.
Please let me know if you have any further questions regarding this.
Expert:  Clare replied 1 year ago.
My name is ***** ***** I note that it would help my colleague if you confirm how much the house is worth and how much is outstanding on the mortgage.In addition who drafted the Declaration of Trust and did they discuss the draw back of a straight percentage division of the equity?Harris will then be able to give you some further options
Clare, Solicitor
Category: Law
Satisfied Customers: 33807
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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