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T_Graham12
T_Graham12,
Category: Law
Satisfied Customers: 8017
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My son and girlfriend have split and have a house. She wants

Customer Question

My son and girlfriend have split and have a house. She wants the 12.5k deposit she put om
JA: Where are your son and girlfriend? It matters because laws vary by location.
Customer: wales
JA: What steps have your son and girlfriend taken so far?
Customer: She has seen a solicitor but my son is seeing a mediator on Tuesday. He has just paid for a kitchen (4K)that was being installed when she was there and also has to pay for a settee they ordered arriving this week(2k). Yet she wants the 12.5k deposit.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No
Submitted: 1 year ago.
Category: Law
Expert:  T_Graham12 replied 1 year ago.

Hi

Thanks for your question. I will try to help.

Are there any children of the relationship?

What monies did you son put in when she purchased the property?

Is there a mortgage on the property?

Can you son remortgage in his sole name?

Was there a declaration of trust which your son and his girlfriend executed when they purchased the property declaring their percentage interests or how the equity would be split?

Kind regards,

Tom

Customer: replied 1 year ago.
No children,house purchased on a joint mortgage each put down 12.5k deposit,it is all amicable ATM he has already given her money for half the contents but says all she want now is the deposit which she also says that they agreed and signed to say they would have the 12.5 back if they ever split!
Expert:  T_Graham12 replied 1 year ago.

Thanks.

Can you son remortgage in his sole name?

I am not sure about your final comment. Are you saying that they DID sign a formal written declaration of trust declaring their interest in the property and how they would be split in the future or do you not know?

Tom

Customer: replied 1 year ago.
All he remembers is signing to say his parents would get his half.
Expert:  T_Graham12 replied 1 year ago.

Sorry, I'm confused. Is your son saying that he signed something to say you (ie. his parents) would receive half of his share of the equity?

Customer: replied 1 year ago.
Expert:  T_Graham12 replied 1 year ago.

Thanks.

Can you son remortgage in his sole name?

Customer: replied 1 year ago.
That's what he wants to do
Expert:  T_Graham12 replied 1 year ago.

Drafting your answer now. 5 mins please.

Expert:  T_Graham12 replied 1 year ago.

Hi

Thanks for your question. I will try to help.

Firstly, if they hold the house jointly (as joint tenants) then each person's share would pass to the other upon death regardless of any direction made in any Will. If this is not what your son wants then you should sever the joint tenancy by using Form SEV from the Land Registry (you will have to send it to them and if you have any questions about completing the form you should call their customer service number - they are very helpful):-
https://www.gov.uk/joint-property-ownership/change-from-joint-tenants-to-tenants-in-common

I can tell you how your son can check whether he holds as (1) joint tenants or (2) tenants in common if you wish

they will then hold their interests as tenants in common, meaning that their respective shares will pass according to their wills or under the intestacy rules. His partner need not sign the form provided you follow the instructions.

In the absence of any express agreement there is presumption that the proceeds of sale are split equally, so his partner is not acting unreasonably at this stage in demanding 50% of the equity in the property in order for her to transfer her interest to your son.

A joint owner can attempt to claim more than 50% of the equity in circumstances where they have paid for material improvements to the property which have materially increased its value and where it was intended that the owners wish to keep their finances separate. However, the issue with this is that he would have to litigate in order to make this claim by instructing a solicitor and applying to court and it’s very expensive and uncertain. For example, the amount of legal fees that it would take would probably not be worth it if he only paid £4000 for the kitchen, so he would probably be advised by a solicitor to not make a claim for this reason.

So, essentially your son is left in the position where he should try a negotiate a buy-out price with her that he can stomach and then apply for a new mortgage so that the property can be mortgaged and transferred to his sole name with her agreement. Obviously he would have to instruct a solicitor to do this

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Customer: replied 1 year ago.
Many Thanks
Expert:  T_Graham12 replied 1 year ago.

No problem.

Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Expert:  T_Graham12 replied 1 year ago.

Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave positive feedback using the stars at the top of the page.

Kind regards,

Tom