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?
- has there been any deeds of trust?
- do you have children together?
We own the property as Joint Tenants.There is a mortgage deed which I have with me in which we both signed when the house was originally purchased in the year 2000. But she went behind my back and drew up a declaration of trust in 2009 which I was not aware of as I was unwell at the time and she was my carer. I only found out about it in the year 2015. This declaration of trust had my signature on it. The declaration of trust stated that she would get 100% appreciation in the property while I will get nothing. It also said that I am responsible for 50% of the negative equity. Although the declaration of trust had witnesses, she had admitted to me that the witnesses were not present when I signed the declaration of trust. Does the declaration of trust amount to fraud?
We have no children and have never been married. Please bear in mind that I will be willing to pay more for your advice regarding the declaration of trust and how to force a sale of the house.
Thank you for your response.
A few more questions:
- did you sign the declaration of trust?
- is the house still in negative equity?
I did sign the declaration of trust but was not aware of when I signed it because I was heavily on medication at the time. The medication she told me to take as my carer. It would appear that I was a vulnerable adult at that time. The house now has £67,000.00 equity in it which would be split equally if I can prove that the declaration of trust is not a valid document. The house is no longer in negative equity.
Please accept my apologies for my delay in responding to you.
Please may I ask - when this document was signed was the land registry notified? or is the property still held as joint tenants on the offical register?
The declaration of trust was lodged with the land registry but the original mortgage company/bank still consider us as joint tenants. There are a lot of information on the declaration of trust which are not true. First of all, she said that she gave me £17,000.00 as my share of the property but this is not true. She also said that I was solely responsible for a charging order of £8,000.00 on the property and this is also not true. She told me that she was the only witness to my signature even though two witnesses signed to say that they were present and they were not. She was going to use the declaration of trust to transfer the property into her sole name but this did not happen because she could not afford to. The mortgage company is always contacting me because she is always in arrears and I do not want to have a joint mortgage with her any longer. I would like my name off the property and the only way that I see that I could do this is to force a sale of the house.
Thank you for the information. I just have two more questions to ask. The first one is should I send a copy of the claim form to my ex as well as sending the original to the court or would the court inform my ex anyway? The second question is that should I include a copy of the declaration of trust or not?
As soon as I get your reply, I will pay extra for your service as I feel that your advice has been invaluable. It is simply wonderful. Thank you.
Thank you for your reply. I just have one final question. The indication is that the witnesses were not there to witness my signature. They signed the declaration of trust at another location. My ex told me this and the witnesses are not known to me and I did not seek independent legal advice before signing this document. It would appear that the only person present to witness my signature was my ex. The declaration of trust was also concealed from me. Although I do accept that the final decision rest on the court and that you can only give your expert opinion which I do accept. Doesn't this new information invalidate the declaration of trust?