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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10459
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I bought a property in my daughters name (her alone name on

Customer Question

I bought a property in my daughters name (her alone name on mortgage) 8 years ago. I put up the deposit of 60k. I was renting the property for about 6 years and my daughter moved into the property 3 years ago and has been paying the mortgage. I now want to sell the property and she is refusing to leave the property. She stating that the property belongs to her. This very distressing.Please what are my rights.
Submitted: 3 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

As the property is in your Daughter's name, she is the legal owner and therefore it has to be her that instigates any Sale as she will be the one who will need to sign the Sale Contract.

If you can't come to an amicable agreement concerning the property, your only option would be to issue Court proceedings in order to obtain recognition from the Court that you have a financial interest in the property.

Although you haven't mentioned it, I am not sure whether any separate Deed was signed by you and your daughter at the time of the purchase, acknowledging that you put down the £60,000 deposit. If this was the case, then you would be entitled to rely on this Deed in any proceedings. I note however, that your daughter took out a Mortgage and I am therefore guessing that no separate Deed was drawn up. Please let me know if this was not the case.

I hope this sets out the legal position but please let me know if I can assist further.

Kind Regards
AL

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Customer: replied 3 years ago.


No separate deed was signed which sets out my financial contribution. The mortgage is her name only. I just really need her out ASAP. Please detail the steps I need to take and apprx how from begin to end. She is not prepared to be amicable. She knew I only put her name because of my poor credit rating at the time. I must have some protection in law against such happenings. Please help.

Expert:  Aston Lawyer replied 3 years ago.

Hi Stefan,

Well, you need to go and see a local Solicitor who can advise you on issuing Court proceedings, with a view to obtaining a "beneficial interest" in the property. Although I can't of course advise you on your merits, it will come down to what was agreed between the parties at the time of the purchase. I must say that if nothing was put in writing to confirm the Deposit was a loan, as opposed to a gift, you may find it hard to prove it was indeed a loan. Your Solicitor will be able to advise you fully.

Best Wishes
AL

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