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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7602
Experience:  UK solicitor holding an England and Wales practising Certificate.
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My partner and I wish to share responsibility property that

Resolved Question:

My partner and I wish to share responsibility for a property that is current only in her name. However due to our relative wealth we are not able to purchase/own the property on a 50 /50 basis. If we need to split the ownership on the basis of 5/8ths and 3/8ths is this possible and how would we do it?
Submitted: 1 year ago.
Category: Property Law
Expert:  Thomas replied 1 year ago.

Hi,

Is there a mortgage on the property?

Tom

Customer: replied 1 year ago.
Customer: replied 1 year ago.
Currently in my partners name
Expert:  Thomas replied 1 year ago.

...and there is no possibility that you can remortgage in to your joint names, correct?

Customer: replied 1 year ago.
This may be possible but i do not know if it can be undertaken on a 5/8ths to 3/8th basis?
Please feel free to call on my landline if that is convenient 0208(###) ###-####
Expert:  Thomas replied 1 year ago.

Drafting your answer now, 5 mins please.

Expert:  Thomas replied 1 year ago.

Hi

Thanks for your question. I will try to help.

As there is a mortgage on the property then only way that you would be able to transsfer the property in to your joint names would be if you were either able to repay the whole of the current mortgage from your private funds, or to obtain a mortgage offer in your joint names and then carry out a remortgage and transfer of equity.

However, in either case (and any case where two people get a mortgage to own a property together) you would be jointly and severally liable under the mortgage. This means that as far as the mortgage lender is concerned, you both owe the whole sum of the mortgage to them. So, they can choose to sue either or both of you for the whole amount in the event that you default.

However, once you have obtained a mortgage offer and transferred the property you may then make a declaration of trust, which is a deed sworn by you both in which you specify how the proceeds of sale of the property (ie. when it is eventually sold) are to be divided. This would specify that you own differing percentage interests in the property, which you selecting whatever interests you consider fair. It would also state that it is subject to any other responsibilities you both agree you should have.

A declaration of trust would be enforceable by you against your partner (and vice versa) but not against the mortgage lender.

If you are not able to obtain a mortgage offer in your joint names, then you can still execute a declaration of trust which states that although your partner is the legal owner of the registered title for the property, that you have a percentage interest in the equity of the property. This is somewhat less secure than actually being named on the registered title for the property however,.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

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