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Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7664
Experience:  UK solicitor
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My son has owned a house with my foster son who put down a

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My son has owned a house with my foster son who put down a £21000 deposit my son put down £10000 my foster son is forcing him to sell and wants my son to sign a deed of trust saying that they both take there deposits out and them split the money my son wants 50/50 as he is being forced to sell when he doesn't want to can my foster son force this sale and also the deed of trust' I thought a deed would have been done four years ago when the property was purchased but obviously this is distressing for my son as the foster son is living with my sons long term girlfriend and forcing this issue, neither of them live in property as it is being rented out. thank you for any advice
Hi Thank you for your question and patience, I’m Tom and I’ll try to help you.Ultimately, your foster son could apply to court for an order for sale. This would be highly likely to be granted, because the court does not like people being bound to mortgages when they do not wish to do so.However, the application process can be lengthy and time-consuming. He should not sign the deed of trust now if one has not already been executed. In the absence of a declaration of trust there is a presumption that both parties have an equal share in the property. However, a person can litigate under some complicated legislation called the trusts of land and appointment act. This is even more complicated and unpredictable and VERY expensive. Because of the relatively small amounts involved it would certainly not be worth commencing an application to claim a greater than 50:50 share Basically, if I were you son I would make him aware of the 50:50 presumption and that there is no declaration of trust. I would then seek to negotiate by saying that he will consent to a sale subject to receiving a 50:50 split. It may be that he has to negotiate down a bit to something like 45:55 but this is still more than the percentage of monies he put in and ultimately the more either of them dispute the matter the more likely that it is that both parties share will be diminished by legal fees/costs. My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question. Kind regards,Tom
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Customer: replied 2 years ago.
Thankyou Tom that makes my son feel a it better as he trusted he's girlfriend for many years paid half the mortgage but was not on the title deeds so got nothing when the foster child started an affair with her and moved in and now he's forcing my son to sell the house they had, trying to get him to sign the deed of trust.