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ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1437
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My now ex partner and I agreed on the terms of and then

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Hello. My now ex partner and I agreed on the terms of and then took out a declaration of trust when we took on a joint mortgage in March last year. We have recently split up and he is now saying he was not aware of the contents of the document, despite having signed it. Clearly he was fully aware at the time, but now it doesn't suit him, can he get out of it?
Customer: replied 2 years ago.
He is also saying it was not witnessed properly (which it was)
Hello Welcome to Just Answer I am a Solicitor and will assist you. Please may I ask:- - was the deed of trust prepared by the legal who completed the conveyancing?- what are the terms? did it protect some interest for you?- what is the plan moving forward? is it planned to sell the house or buy him out? Kind Regards Caroline
Customer: replied 2 years ago.
Hello Caroline,The deed of trust was indeed completed by the same solicitor who did the conveyancing as we wanted to keep everything with one solicitor.Yes, I contributed £110k as the deposit towards the joint house purchase; he contributed zero towards the deposit. I am a full time Mother of two very young children, and he had a good salary (at the time) which the mortgage agreement was based on.There is no plan as such moving forward yet - he is refusing to contribute a single penny towards the joint mortgage however, and currently my Dad is paying the mortgage as I can't work due to having a 2 and a 3 year old.He has made it very plain however that he never intends to pay towards the mortgage.He basically wants a lump sum of money and will do and say absolutely anything, in his endeavours to get it.
Customer: replied 2 years ago.
The deed of trust says I get my initial deposit of £110k back, then any equity beyond that gets split 70 / 30 in my favour, because of my large deposit.
Customer: replied 2 years ago.
Hello Thank you for your response. Please accept my sincere apologies for my delay in responding to you as I was unavailable yesterday evening. From what you have said - it is clear that the deed of trust was created to protect your large deposit. This appears to me a clear intention and I do not consider he is going to be able to argue that this wasn't the intention of you both at the time. In reality as he has actually stopped paying the mortgage - then a future Judge could consider that he is reducing his share further. Whilst he is going to be entitled to a share - he is not going to be able to argue that the deed of trust is not valid because he didn't understand this. To help you in the future - I would suggest that you speak to the conveyancing solicitor who dealt the transaction at the time. Solicitors normally only keep their files for a finite period of time before they are destroyed. It is likely that within that file there is a note from the solicitor and well as letters explaining the deed of trust. It is worth asking for a copy of the file to be sent to you so that you have these notes - should he try to argue that 'he didn't understand'. Please do not hesitate to ask if I can assist you further. Kindest Regards ***** ***** kindly remember to star rate our service so that we receive credit for helping you today
Customer: replied 2 years ago.
Many thanks for that Caroline. There is one further point directly related to this, and I would value your opinion please. I sold my flat which was in my sole name and is where I got the £110k deposit from for the new joint mortgage on the house, but for the two and a half years preceding the sale, my now ex partner was paying the mortgage (which was to my Father as a family arrangement to help us out) and now the ex, is saying he wants ALL of the mortgage payments that he made whilst I was bringing up his two babies, back. He never made any mention at the time that he wanted a financial interest in the flat, and nothing was ever written down, but since we split, he seems to be under the impression that he can demand everything he paid towards the mortgage / housing costs back. What is your take on this? To me it seems ridiculous, because he never took any legal advice at the time because he really wasn't interested and he also didn't mention at the time of sale that he wanted an interest in it. It is only in the light of the split as I said, that he has come up with this. Surely if he were able to make such a claim, then equally I should say, right, well I want two and a half years of lost earnings back, as I was being a full time Mother, looking after his babies 24 / 7 for free!!
Hello If your ex wanted to make a claim in respect of the previous flat that was sold - by virtue of him paying the mortgage payments - then he should have done this at the time and not afterwards. The court will consider that the deed of trust was the intention of the parties and therefore his share will be in line with this. Kind Regards Caroline positive feedback is gratefully received
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Customer: replied 2 years ago.
Many thanks. Emma
Glad I could help :-)