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chatham-chamber
chatham-chamber, Advocate
Category: Law
Satisfied Customers: 11996
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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I am seeking advice on property law due to separation

Customer Question

Hi, I am seeking advice on property law due to separation
Submitted: 11 days ago.
Category: Law
Customer: replied 11 days ago.
My situation is as follows. Myself, my partner and my mother purchased our property in 2009. To achieve this, my mother invested £195,000 towards the purchase price while my partner and I paid £110,000 with a mortgage. My partner and I are still not married. In addition, £57,000 equity was put aside by my partner and I from the sale of our previous property for the purposes of building an annexe for my Mother to live in. This annexe was built and completed in 2010.My partner now wishes to separate. I would value the house with the annexe at £420,000 today. Myself and my partner have a joint mortgage and both of our names are ***** ***** deeds. My mother is not on the deeds. My mother has a Second Charge on the property but this is for £135,000, not the £195,000 she invested. We have one child, a daughter who is 18 years old.I would like to resolve this amicably and will be seeking to buy my partner out by taking remortgaging in my name only.
Customer: replied 11 days ago.
My issue is this; despite trying to agree on who pays the bills, my partner only pays for food shopping. I have paid the mortgage, gas bill, electric bill, telephone & internet bill and done food shopping also for the last 5-6 years. My Mother pays the water bill and the Council Tax. I have also paid for renovations of the bathroom and for a new front door.Should we be not able to amicably agree on a lump sum settlement, I am keen to know if it would be advisable to push for a higher percentage of the equity if my Mother and I can prove we have been paying all of the household bills for many years.
Customer: replied 11 days ago.
I should add my ex-partner is adept at borrowing money from my Mother and is in debt to her for a few thousand pounds with no prospect of her repaying my Mother.
Expert:  chatham-chamber replied 11 days ago.
Hi,Is there a declaration of trust in place?
Customer: replied 11 days ago.
Hi,Unfortunately not. I have read quite a lot about these. If we came to an amicable settlement (or rekindled the relationship) I would insist on one.
Expert:  chatham-chamber replied 11 days ago.
Hi,In the absence of a declaration of trust and an amicable agreement, your only recourse would be to make an application to Court and request that the court ascertain your share.This is likely to be a costly and lengthy exercise.At this stage, I would suggest you negotiate as much as possible and in the event that you are unable to reach a settlement, then instruct solicitors.The general position is that it would be deemed 50/50 in the absence of a Declaration of Trust.I hope this answers your question. If so, kindly rate the answer and provide feedback.If you have any further questions, please do not hesitate to ask.Many thanks
Customer: replied 11 days ago.
I would insist on a Decalaration of Trust even if we come to an amicable agreement. Whilst I would not describe her as a vindictive person, her grasp of financial matters is not, shall we say, the best. This leads to frustration and threats and I just give up. She has stated my Mother should get the £195,000 she paid in full, but I am concerned she will renege on this and potentially take £20,000 from her.
Customer: replied 11 days ago.
I have just read your reply. Where you mention ‘50/50’. For clarity, in the eyes of the law, would my Mother have no rights to a share of the equity despite her investing and living in the property, not to mention documented proof of paying more towards the bills than my ex for years?
Customer: replied 11 days ago.
I would also welcome your opinion on how successful individuals are who contest an equal share of the equity, are not married and can prove they have paid virtually every household bill for the vast majority of the co-habitation
Expert:  chatham-chamber replied 7 days ago.
Hi,Your mother would only be able to claim an interest if given one by the court. Her interest would not be automatic.The fact that her name is ***** ***** 9n the title register would mean that you could both dispose of the property without any reference to her.She may be able to place a restriction on the register and I would suggest that she instruct a local solicitor to do this for her.I hope this answers your question. If so, kindly rate the answer and provide feedback.If you have any further questions, please do not hesitate to ask.Many thanks