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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7481
Experience:  UK solicitor holding an England and Wales practising Certificate.
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Hope you can help my I have split up with my partner and need

Customer Question

Hope you can help my I have split up with my partner and need to sell the property. I have put in over 119k in the property although was misinformed regarding legality of doing this. I can gain historic records of this due to the sale of my flat but can I force a sale and can my ex partner take half of the equity at the moment the mortage is interest only by the way I do qualify for legal aid. Equity is 130k
Submitted: 3 years ago.
Category: Property Law
Expert:  Thomas replied 3 years ago.
Hi

Did you execute a declaration of trust declaring your interest in the property as a result of your contributions?

Tom
Customer: replied 3 years ago.

No that's the problem was not advised by the solicitors can get historic bank statement with lump sum going out of my account but not sure where I stand with this.

Kathy
Expert:  Thomas replied 3 years ago.
Okay, have you offered or can you afford to buy them out?
Customer: replied 3 years ago.

No I need a clean break to move on to a place of my own. I do have a child with him so that might count for something. Just want to know if I take this to court what would be the likely hood of him getting half the equity as my solicitor has worked out that he gets nothing.
Expert:  Thomas replied 3 years ago.
OK, on what basis has your solicitor workers out that your partner should get nothing?

They are registered on the legal title to the property, yes?

Tom
Expert:  Thomas replied 3 years ago.
Hi

Are you please able to reply to my most recent info request so that I can answer your question?

Tom
Customer: replied 3 years ago.

We have a joint mortgage and borrowed 130k paid repayment which went down to 122k borrowed 40k and his mum borrowed 11k total is now 168k with what has been paid off the additional loans. The 122k is interest only so all Paul has paid in is around 6k so to take account of the other loan his contribution is nil.

Who are you referring to in your second question if you mean solicitors no I did not use them for the purchase of the house.

Kathy
Expert:  Thomas replied 3 years ago.
Hi

I'm on my phone, I will be able to answer ah hour..

Tom
Expert:  Thomas replied 3 years ago.
Hi

Thanks for your patience.


First of all, if you and you partner presently hold the house jointly (as joint tenants) then each person's share would pass to the other upon death regardless of any directon made in any Will. If this is not what you want then you should sever the joint tenancy by using Form SEV from the Land Registry (you will have to send it to them and if you have any questions about completing the form you should call their customer service number - they are very helpful):-
http://www1.landregistry.gov.uk/publications/?pubtype=49


You will then hold you interests as tenants in common, meaning that your respective shares will pass according to their wills or under the intestacy rules. Your partner need not sign the form provided you follow the instructions.

If you do not already hold your interests as tenants in common then it will be more difficult for you to claim a greater majority of the equity.

Basically, if there is no agreement as to the division of the equity OR your partner does not consent to the split in your favour then you will have to take them to court to get more of the equity. You have to litigate, which means that you have to spend considerable legal fees if your partner vigourously defends the action.

In the absence of any express agreement there is presumption that the proceeds of sale are split equally, however if either party contributed more the financing of the purchase or has maintained the majority of the mortgage then this may be taken in to account and they will receive more of the proceeds of sale. ON the facts as you have presented them you would appear to be entitled to significantly more of the equity than him, but you would have problems to overcome if you do not have a declaration of trust or other agreement and you have not held your interests as tenants in common.

If you have instructed a solicitor in this regard then you should trust their advice but do so in the knowledge that a fair bit of time/expense may be taken up in litigating to get a greater percentage.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom

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