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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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i have a tennant in common agreement with my separated husband

Customer Question

i have a tennant in common agreement with my separated husband on our orignal mortgage 8 years ago. we then remortgaged and a new tennants in common was not put into place. will the original contract still stand
Submitted: 2 years ago.
Category: Property Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question
My name is ***** ***** I shall do my best to help you.
Assuming that there was no change in ownership at the time of the re-mortgage then you do indeed still hold the properties as Tenants in Common.
If you wish to check you can obtain a copy of the Title Entries from the Land Registry which should include a restriction which states that no Transfer will be registered on the basis of a single signature.
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi

Thank you for you reply. I have a copy of land registry and it is as you state above. what I need to know now is, how to I prove that I put 120.000 into our current joint owned property on a mortgage and my husband put 60.000 in. he wants half of the proceeds from the house, now. originally he agreed we would get what we both put in back and share any profits made regards angela

Expert:  Clare replied 2 years ago.
HI
Did you sign a Post Nuptial agreement stating this?
Clare
Customer: replied 2 years ago.

on advise we signed a tenants in common that was all

Angela

Expert:  Clare replied 2 years ago.
Hi
In equal or unequal shares?
Clare
Customer: replied 2 years ago.

it states restriction no disposition by a sole proprietor of the registered estate under which capital money arises is to be registered unless authorised by a court.

restriction. no disposition of the registered estate other than charge by the proprietor of the registered estate is to be registered without a written consent signed by the proprietor for the time being charged 25th aug 2010

this is all it says nothing about equal or un equal shares

Angela

Expert:  Clare replied 2 years ago.
Hi
My apologies - I meant when you discussed it did you say anything about what the shares should be
Clare
Customer: replied 2 years ago.

yes I got first 120.000 he got 60.000 which is what we both put in as deposit. then we agreed all profits after that split in equal shares, but I cannot find that written anywhere on the land registry documents.

Angela

Expert:  Clare replied 2 years ago.
Hi
Was this recorded in writing at all?
Clare
Customer: replied 2 years ago.

Not taht I can see on any paperwork i thought it was linked to the tennents in common form but appears not to

Angela

Customer: replied 2 years ago.

At the time I never gave it anymore thought

Angela

Expert:  Clare replied 2 years ago.
Hi
How much is the house currently worth and how much is outstanding on the mortgage?
How long have you lived together?
What other assets and debts are there and what income do you each have?
Clare
Customer: replied 2 years ago.

house worth around 390.000-400.000. £86.000 outstanding on mortgage, Lived together 7yrs married for 4yrs. no other assets, debts 3.500 credit card. my income self employed £15.000 on average. my ex £23.000,

Angela

Expert:  Clare replied 2 years ago.
Hi
In fact the issue of the Tenancy in Common and what was agreed is to a certain extent irrelevant.
The Family Court has wide powers to distribute the assets in any way they consider fair in the circumstances - unless there is a binding Post Nuptial Agreement in place.
In your case in fact the end result is likely to reflect the original agreement - with you each getting back the capital you put in and the excess being divided equally between you.
Clare
Customer: replied 2 years ago.

Thank you so much you have been a fantastic help.what would you suggest my nxt move to be

Customer: replied 2 years ago.

Hi even though there is no where written of the amounts each put in

Regard Angela

Expert:  Clare replied 2 years ago.
Hi
Yes - even though that is the case.
Your next move is to start negotiations - using a matter of fact approach and suggesting that this is a reasonable way forward.
You mat wish to use Family Mediation to do this
www.familymediationhelpline.co.uk
Clare