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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34887
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My ex partner and I split in 2002 we brought a house

Customer Question

My ex partner and I split in 2002 we brought a house together I paid the initial £100.000 deposit from the sale of my house..unfortunately at the time I had a CCJ, as a result we could not obtain a joint mortgage the mortgage is in his name only although my name is ***** ***** land registry.. He was the bread winner I contributed to the relationship in other none financial ways.. He now wants me out, I can't move on as all my equity went into this house..I am retired and feel very insecure "what are my rights"
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
Did you protect your interest in the Property with a Declaration of Trust?
How much is he offering?
Customer: replied 3 years ago.

September 2002 the property was £395.000 minus the £100.000 deposit equity from the sale of my house = £295.000 mortgage..


I did not know until December 2012 that he has an interest only mortgage term 15 years outstanding balance £285.563..3 years remaining...


The property is for sale £550.000..


there is a restriction on the land registry as follows...

Restriction: except under an order from the registrar no disposition of the land is to be registered without the consent of Jean...


my ex had a deed of trust drawn up via his solicitor dated 28th December 2002 as follows..


This declaration of trust is made on 28th November 2002 between Mr ex and Jean


Where as:- This Deed is supplemental to a transfer dated 27th September 2002 in which the freehold property know as "the property" was transferred to Mr ex..title to the property is registered at the land registry..

(1) It is hereby declared and agreed that:

Mr ex holds the property on trust to sell it with power to postpone the sale for as long as he thinks fit and will hold the net proceeds of the sale and the net income until sale and the investments from time to time representing the same upon the following trusts:-

a) as to 25% on trust for Mr ex and Jean as beneficial joint tenants

b) as to 50% on trust for Mr ex

c) as to 25% on trust for jean

(2) Mr ex and Jean agree notwithstanding the trust for ale by this deed that the property shall not be sold without their joint consent or the consent of the survivor..

Mr ex and Jean agree and declare that the repayments on any mortgage secured on the property shall be the sole responsibility of Mr ex...


I was under a great deal of stresse when I signed this deed as Mr ex was going through a divorce at this time..his ex wife solicitor had sent a letter saying that due to the fact they were still legally married she was entitled to half the equity in the property £50.000..


The separation agreement June 2014.."I have not signed yet"

part 18.5.1

to discharge the mortgage secured thereon..


in payment of the solicitors conveyancing costs and disbursements in connection with the sale.

18.5.3 in charges of the estate agents

18.5.4 in payment on any capital gains tax payable on the sale

18.5.5 in reimbursement to Mr ex of all mortgage payments made by him after 31st July 2014

18.5.6 in payment of 62% of the balance to Jean and 38% of the balance to Mr ex


if the property is not sold by 31st November 2014 there is to be a review as to if I will be allowed to remain in the property after this date...


there have been viewings but no offers...











Expert:  Clare replied 3 years ago.
Do you alone live in the property and which part of the agreement do you object to?
Customer: replied 3 years ago.

my ex moved out to live with a woman he met on line I also found out he was on various sex sits dating both men and women..I am worried about signing anything as I trusted him when I paid the £100K deposit and again when I signed the deed of trust..

Expert:  Clare replied 3 years ago.
How much are you likely to receive?
Customer: replied 3 years ago.
About £130.000 + expenses have to be deducted + after the 30th July any mortgage payments he makes after that date will also be deducted so not enough to buy a property..
Expert:  Clare replied 3 years ago.
What expenses are to be deducted?
Customer: replied 3 years ago.
Solicitors fees, estate agents fees, mortgage payments from July 30th 2014 until the house is sold
Expert:  Clare replied 3 years ago.
That seems to be a reasonable settlement given the situation - what is your concern about it?
Customer: replied 3 years ago.
My concern is I sold my house 12 years ago 2002 and put the equity into this house if I still had my own home I would have security + 2014 equity in 12 years I will have less than I invested null equity.. I don't see that as a good deal..

Don't bother to reply I have wasted £33, you have been useless I have received no professional advise what's so ever..
Expert:  Clare replied 3 years ago.
I am sorry - in fact I have not yet given you an answer at all as there is no point in doing so until all the information is to hand
There is equity of £260,000 odd in the property and from what you have said you are due to receive £130,000 less any mortgage payments that are made after July
This is actually more than is set out in the Declaration of trust - under which you would have received £97,500
i appreciate that you have lost your security but unfortunately since you and your partner were not married this i snot a consideration.
If you do not accept the deal then you are left with making an application to the Court to overturn the Declaration of Trust which you signed.
This will involve substantial costs and the risk of failure
If you were successful then yes you could get say £180,000 - but much of that would be lost in costs - and that assumes that you win.
I understand that this is a difficult choice to make - and it is in the end a personal rather than a legal one.
Only you can say whether you can face protracted legal proceedings given that it appears you have exhausted the negotiation phase
Please ask if you need further details