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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10623
Experience:  Barrister 17 years experience
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I purchased a large parcel of Land with my money and put it

Resolved Question:

I purchased a large parcel of Land with my money and put it into joint names with my Partner with whom I lived
Later it became quite valuable and our accountant recommended that we write up a
Trust Deed jointly giving my Partner lO% and myself 90% this was dated approx. 10 years after the purchase (1998) and was witnessed. Since then my Partner died in 2013 and I am having problems from his ex wife . Can you please help with regards ***** ***** I have had one Barrister who says it is legal but I would like back up
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.

1. Dear Irene, can you provide more information please. Where is the land? Where are you resident - Germany or the UK? Have you still got records which show you provided the money for the purchase of the land?

Customer: replied 1 year ago.
London England
Yes I still have my documents I was compulsory purchased by the LDDC
Expert:  Buachaill replied 1 year ago.

2. Dear Irene, in law, there is a resulting trust back to you of the land you bought because you provided the purchase price for the land. So, in essence, you can claim all the land. As the purported trust was never executed, the gift to your former partner was never perfected. So you can retain the entire of the proceeds from the compulsory purchase by the LDDC. It makes no difference that you might have put the land in the joint names of yourself and your partner. As the gift was not perfected, you still retain ownership of the land and the proceeds.

Expert:  Buachaill replied 1 year ago.

3. Accordingly, you can safely tell the wife of your former partner that she is not entitled to any of the proceeds from the compulsory purchase. As her husband provided none of the monies for the purchase of the land, he has not got a claim to any of the proceeds and neither does his wife. So you can retain all the proceeds.

Expert:  Buachaill replied 1 year ago.

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