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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34911
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I bought land with my ex partner as Tenants in Common with

Customer Question

I bought land with my ex partner as Tenants in Common with unequal shares.
I can not find any documentation of how the shares are distributed although I know the solicitor at purchase was instructed to document the share as 70% to me and 30% to my partner. We both signed a document to this effect on the day of completion but this can not be located and I don't know what the document is called. We changed our solicitor at a later date to deal with an issue and instructed the original solicitor to pass all papers to the new one. Neither solicitor wants to help at this stage when we are selling the land. The only place I can find anything relating to this is at the Land Registry which only had instruction to record the above (Tenants in Common with unequal shares) Is there anywhere I can go to try to locate this original document?
Submitted: 3 years ago.
Category: 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.
Is your ex denying that a 70/30 split was agreed?
Have you checked that there is no Declaration of Trust held at the Land Registry?
Customer: replied 3 years ago.

Thank you Clare, I have checked with Land Registry and all they have is (un-equal shares) on the Land Registry document.

Yes ex is demanding 50/50

I remortgaged my house to raise funds to buy land, there's no dispute re the 95% - 5% on my house as there was a deed of trust (different solicitor) but all I can find is a request from us to the solicitor re land to register the 70/30 and the unequal shares registered at Land registry.

Expert:  Clare replied 3 years ago.
Is that in writing from both of you?
Customer: replied 3 years ago.

Yes it is in writing. The solicitor sent a document for us to sign and return and the 70/30 split was there with both our signatures. However I don't seem to be able to locate where this particular document is or what it was. I do believe that it was paramount to the completion of the sale as I had to hand deliver it to enable the sale to complete on the day.

The original solicitor tells me that all documents relating to the purchase were sent to the 2nd one and the 2nd one says he has nothing in writing re 70/30 and no copy of this document. even though it is recorded with the Land Registry...... Is it a possibility that the seller's solicitor would have a copy of this??

Expert:  Clare replied 3 years ago.
In that case you have no need to worry too much
You have evidence that there was an agreement that the property would be held in unequal shares - and written confirmation as to what those shares should be.
If your ex wishes to argue that the division should be 50/50 then he or she will have to provide evidence to refute the clear evidence that is available
Please ask if you need further details
Customer: replied 3 years ago.

Thank you for your reply, am I to understand that even without the original document that we both signed (it appears to have been lost by solicitors) but with the land registry document saying 'unequal shares' my ex needs to prove that he owns 50%?

Expert:  Clare replied 3 years ago.
The fact that you have a signed letter confirming the agreement will be sufficient to make it your ex who needs to prove his claim!