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Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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I originally bought my house in 2005 using money of my own

Resolved Question:

I originally bought my house in 2005 using money of my own and that of an inheritance from my late mother. I paid £230,000 in cash and moved in on my own.
My girlfriend was living in a separate house in the next village. About 18 months later, she ran into difficulties paying the rent for her house and her and her daughter moved into my house. She was added to the mortgage in 2008 as it seemed like the right thing to do. The mortgage was taken to clear debts and home improvement work. Since she was added to the mortgage, she was also added to the title deeds (something I've only just become aware of)
Our relationship is now over but, we still live in the property (separate rooms etc) In fact, since 2006 we have been more like 2 people leading separate lives anyway. Recently living with her has become unbearable and as a result,
I am now looking to sell up, repay the mortgage, move away and start over and was wondering. We are not married.
What claim has she got with regards XXXXX XXXXX house as it was my entire purchase in the beginning?
Submitted: 3 years ago.
Category: Property Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
My name is Clare
I shall do my best to help you but I need some further information first
How much is the house worth and how much is outstanding on the mortgage?
How old is her child?
Clare
Customer: replied 3 years ago.

Hello Claire,


 


Her child is 24 years old.


The house is currently valued at £250,000 (approx) and there's £104,000 outstanding on the mortgage.


Dean.

Expert:  Clare replied 3 years ago.
Hi
Did you protect your interest in the property with a Declaration of Trust?
Clare
Customer: replied 3 years ago.

No, I've not even heard of that.


Dean.

Expert:  Clare replied 3 years ago.
Hi
Did you not instruct a solicitor to deal with the Transfer into joint names?
Clare
Customer: replied 3 years ago.

I don't believe so, All I can remember is approaching the bank to have her added to the mortgage and that was it. I was surprised to see her name on the title deeds when I looked online yesterday.


Dean.

Expert:  Clare replied 3 years ago.
Hi
Did you and your ex discuss what would happen if you split up
Clare
Customer: replied 3 years ago.

Hi Clare,


 


No we've not talked about it at all. It's been an odd sort of relationship to be honest and we've had our own lives for years now. I suppose you could say it was just like two people living in the same house but, by no means a "couple". Recently it has become dreadful. Arguments etc and I just want to move on now and start again.


Dean.

Expert:  Clare replied 3 years ago.
Hi
What did you think you were achieving by putting her on the mortgage?
Clare
Customer: replied 3 years ago.

It was also the need to borrow more in order to continue with the home improvements. I could not get the loan without her name there too.


 


D.

Expert:  Clare replied 3 years ago.
Hi
So at the time she was added to the mortgage did you ever discuss what would happen if you split up (this is important)
Clare
Customer: replied 3 years ago.

No, That was never discussed.


D.

Expert:  Clare replied 3 years ago.
Hi
When you added her to the mortgage you added her to the title - which essentially means that you gifted her half of the equity in the property - so she is entitled to half of the sale proceeds.
To prevent this you would have at to sign a Declaration Of Trust setting out what shares you would each have
You can challenge this via the courts - but you will have to show that it was clearly understood by BOTH of you what the actual arrangements would be.
To try and avoid costs you should try and negotiate with her using Family mediation (www.familymediationhelpline.co.uk)
Please ask if you need further details
Clare
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