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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7590
Experience:  UK solicitor holding an England and Wales practising Certificate.
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My partner and I bought two flats in 1988 and 1989. He paid

Resolved Question:

My partner and I bought two flats in 1988 and 1989. He paid all the deposit, but I was the highest earner. My question is, do I have a share in the property?
Submitted: 8 months ago.
Category: Property Law
Expert:  Thomas replied 8 months ago.

Hi,

Are you registered as joint own on the land registry title for the flats?

Did you execute a declaration of trust with your partner when you bought the properties stating each of your percentage interests in the property?

Tom

Customer: replied 8 months ago.
I have never seen the land registry title because he kept all the documents. But I think so because the mortgate was joined. We were not leaving together. The flats were buy to let. In 2005 he forced me to sign them both to him because he said I did not put any deposit. But I m not sure if I did the right thing at the time. We did not execute any deflation of trust.
Expert:  Thomas replied 8 months ago.

Hi

Thanks for your question. I will try to help.

If you had a mortgage then the properties would have been in your joint names.

At the time that you owned the properties with him unless there is a declaration of trust (for which you must hold your property as tenants in common) then there is a presumption that each party retains a 50% interest in the equity in the property.

However, transferring the properties to him was not a tactically smart thing to do if you did not also execute an agreement or declaration stating that you retained as specific percentage interest in the property.

It is possible to seek to claim an interest in the property without being named on the title or without an agreement in place by litigating under the Trusts of Land and Appointment of Trustees Act if you can show that you have the basis of a claim (eg usually as a result of financial contribution to the purchase or maintaining mortgage payments over a period of time), but this is a very specialised area of law and the legal fees are very expensive.

If you wished to pursue the matter, then you would have to have consultation with a property litigation solicitor first to give your full detailed instructions over a one hour meeting and then ask for their opinion on the merits of issuing proceedings. It doesn’t sound great at the moment though unfortunately.

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

Expert:  Thomas replied 8 months ago.

Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7590
Experience: UK solicitor holding an England and Wales practising Certificate.
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