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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34233
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Can my ex partner change his mind about the deed of trust he

Customer Question

Can my ex partner change his mind about the deed of trust he signed on my house? The house was owned by me solely for 10 years then I remortgaged to pay off all his debts - he got into trouble with a business. To do this I had to put him on the mortgage too. A few years later he had an affair and I asked him to leave I also had a deed of trust drawn up which he happily signed at the time as he did not want to be party to a mortgage on a house he did not live in. That was five years ago. Since he has pleaded povity and I'm renting him a room in the same house so he living with me but just as a lodger. I'm thinking of selling now and the house has accumulated a lot of equity over the past five years he is now saying he wants his half. Can he really do anything to change the terms of the deed of trust he willingly signed to ensure he would not be responsible for the mortgage?
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Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further informtaion first.

Can you prove that he was only a lodger and paid nothing more towards the property?

Was the Declaration of Trust Registered at the Land Registry?

Customer: replied 1 year ago.
No to both those questions
Customer: replied 1 year ago.
No to both those questions - why would I need proof and why would the deed need to have been registered at land registry?
Customer: replied 1 year ago.
Is there anyone there?
Expert:  Clare replied 1 year ago.

Has you registered the Declaration of Trust it would have been impossible for your ex to try and overturn it at this late stage unless he could prove that he made a subsequent contribution

However since you did not it becomes a little easier for him to claim that in fact the agreement was changed when he returned to live with you.

Again had you had clear evidence that he only gave you the sort of rent that a lodger would then you would have easily been able to dismiss his attempts to argue otherwise.

As things stand whilst he would have some difficulty in overturning it he has more chance of doing so - although I still do not think he has a particularly good chance of success

Please ask if you need further details

Expert:  Clare replied 1 year ago.

.