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Matt Jones
Matt Jones, Solicitor
Category: Law
Satisfied Customers: 671
Experience:  I am a qualified and practising Solicitor with over 7 years post qualification experience
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Me and my ex bought a house together , my name is ***** ***** the

Customer Question

Me and my ex bought a house together , my name is ***** ***** the deeds or on the mortgage as it would not have been helpful at the time. As far as we are concerned we own the house jointly. We had a deed of trust drawn up years ago , by a solicitor , which outlines : my contributions to acquire the property , the fact that she holds the property in trust for us both in equal shares and our joint responsibilities from then on. It was all very official and expensive.
We both have a copy of the deed of trust but now that we are no longer together (we are still very good friends) I am concerned as to how legal it is , as we have not registered it anywhere. (We've not even told the mortgage company) It is just sitting around. Does it HAVE to be registered somewhere? Is it a legal requirement? Is it valid?
Obviously my main concern is am i the half owner of the house as was our intention all along? We are the main beneficiaries in each other's wills. Willl not registering it (if you have to) affect anything such as inheritance tax or cause any other problems in the foreseeable future? - AM I THE HALF OWNER AS OUTLINED IN THE DEED OF TRUST?
If there is a massive problem here please could you give some advice as to how to remedy the situation bearing in mind that we are still great friends and trust each other. She is (we are?) willing to do whatever is necessary to make this situation work out the way we intended initially , including drawing up and signing any new legal document necessary. I am hoping we do not have to do any thing. Please advise. Thankyou (There is very little owing on the mortgage) Bearing in mind this is my question rather than a joint question , am I completely covered by the deed of trust , or if in the future we were to fall out, is it possible i could be shafted in some way. If so , how? And how could i protect myself from this
Submitted: 3 years ago.
Category: Law
Expert:  Matt Jones replied 3 years ago.
Matt Jones :

HI there I will try and help

Matt Jones :

the deed of trust is a perfectly adequate way of protecting an interest in the property. This protects your "beneficial interest" in the property which basically means the equity in the property. The deed ensures means that as a trustee protecting your joint interest she has certain obligations on sale of the property to distribute the equity in the way the deed dictates.

Matt Jones :

This however doesn't stop any changes to the "legal" estate. So she could, if she wanted, put a new or second charge could be placed against the property and potentially eat into the equity.

Matt Jones :

Therefore to ensure that you are notified of any potential dealings to the property you could agree to register something called a "Agreed Notice" against the property. This form can be found on the land registry website and the details of how to register

Expert:  Matt Jones replied 3 years ago.
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Expert:  Matt Jones replied 3 years ago.
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