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NewExpertAS4920, Solicitor
Category: Law
Satisfied Customers: 196
Experience:  -
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I split up from my ex partner 2 years ago. He is named on

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Hi I split up from my ex partner 2 years ago. He is named on the mortgage but all the equity is protected to me by a deed of trust. I have paid all the mortgage payments solely from when we got the property and have paid for all repairs etc. I have had the house revalued and the equity is still below what is protected.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I have had approval from the underwriters to transfer to my sole name but he is refusing to agree
JA: Where is the house located?
Customer: Leicestershire
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I just want some advise on the best next steps
Customer: replied 7 days ago.
He is working on the assumption that eventually as I continue to make mortgage payments hen the equity will eventually be more than what is protected and then he is entitled to some of the equity.

Hi! I am a qualified solicitor in England and Wales. I will be assisting you with your query today. I may need to ask a few questions before I can address your query.

Please bear in mind this is a chat service and there maybe delays in responding due to assisting other customers.

Please clarify what does the deed of trust declare? what is each of your shares in the property?

Customer: replied 7 days ago.
That the first £51000 is my sole entitlement and any additional equity is to be share equally.
The easiest way would be to come to an agreement because pursing such matter through court can be expensive. Plus if he doesn't want to transfer the property into your name he does not have to. You should offer to buy him out. What is the equity in the property?
Customer: replied 7 days ago.
Less than that protected in the declaration of trust
I see his reasons for not agreeing to sell. Unfortunately you cannot compel him to sell the property. You could probably offer him a fixed sum in consideration for him to transfer the property in your sole name.
I hope that assists.
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