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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34272
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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Party A has deeds to a property. Party has paid fully for

Resolved Question:

Party A has deeds to a property. Party B has paid fully for the property though the mortgage was under Party A. Does party B have any entitlement? Party A has no proof of earnings (student at the time). The property is in the uk.
Submitted: 2 years ago.
Category: Property Law
Expert:  Clare replied 2 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
What evidence of payment does B have?
What was the original agreement between A and B regarding the property?
Clare
Customer: replied 2 years ago.
A has never been employed. account records can prove payments were made by B and the property's mortgage was fully paid after B sold another property.
Customer: replied 2 years ago.
It should be noted that B is A's father.
Expert:  Clare replied 2 years ago.
Hi
What was the agreement between the parties at the time the purchase was made
Clare
Customer: replied 2 years ago.
No formal agreement between both parties, just good faith.
Expert:  Clare replied 2 years ago.
HI
I assume Party A will say he thought it was a gift?
Clare
Customer: replied 2 years ago.
Yes. It should be noted that Party A has never claimed any sum previously (rental income) and likewise never paid any maintenance/repair or council tax etc. this has always been paid by Party B.
Expert:  Clare replied 2 years ago.
Hi
Party B could certainly argue that he has a claim on the property using the Trusts of Land and Appointment of Trustees Act (TOLATA)
You can read more here
http://www.slatergordon.co.uk/media/388153/cohabitation.pdf
It will be for the court to decide if this property was a gift to A from B or not
Please ask if you need further details
Ckare
Clare and other Property Law Specialists are ready to help you