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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33279
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My partner and his ex have a mortgage together, he has nit

Customer Question

My partner and his ex have a mortgage together, he has nit lived there for 7 years and she has paid the mortgage for that long on her own. The property is now empty and on the market but needs a lot of work. His ex has said we can have it and she doesnt want anything for it. We spoke to the lender and as i am in a debt management company til next year they wont put me on and assessed my partner to do it on his own but it was declined. His ex has said to keep it as it is and us move in and put my name on when we can. As it needs work doing and we would be paying for it i dont want her later down the line wanting any money when we eventually sell which i dont think she will but to be on the safe side could we ask a solicitor to draw a contract up with words to that effect - is that something thats legal and binding and would stand up in court and also how much to do something like that?
Many thanks
Submitted: 8 months ago.
Category: Law
Expert:  Clare replied 8 months ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help youIs his ex willing to remain on the mortgage indefinitely?
Customer: replied 8 months ago.
Shes re-married and is in a stable home with him so is willing to remain on the mortgage until i can be added on which could be next year or in a couple of years when my credit file has gone up. They have a child together so wants stability for when shes with us every other weekend. My dad whos giving us the cash to do the house up wont give us the money if in the future we decide to sell and she trys to claim any money, which i dont think she will but wanted a contract of some sort to back us up
Expert:  Clare replied 8 months ago.
In that case the document that needs to be drawn up is a Declaration of Trust confirming that whilst the property is still held in both names it is held for the benefit of your partner only.It is not an unusual document a will ensure that your partner's position is protected.Expect to pay between £200 and £300 at mostPlease ask if you need further detailsClare

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