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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 2748
Experience:  Owner at James Bruce Solicitors
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I live with my partner in his owner house. We are tied to

Customer Question

I live with my partner in his owner house. We are tied to living here for next 5 years due to proximity to his kids. The house needs refurbishments to value of £15,000 which I am willing to pay for plus he has borrowed £25,000 from me. In the event of our separation I want this in a legal document so I get my money returned.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: what is the easiest and cheapest way I can get this drawn up into a legal document we both sign ?
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: What do I need family court for?
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Is this service free?
Submitted: 24 days ago.
Category: Law
Expert:  james bruce replied 24 days ago.

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

The quickest and safest way to protect you financial interests in the property would be with a Declaration of Trust, also known as a Deed of Trust, is a legally-binding document recording the financial arrangements between joint property owners, and/or anyone else with a financial interest in the property.

It can include how much each person contributes to the deposit, and how much will be repaid to them, what percentage of the property each person will own, and how the money will be split if the property is sold.

It may be helpful to instruct a local solicitor who specialises in this area of law. You can find a local firm using the Law Society website. www.lawsociety.org.uk

Once on that website, you can click on the find a solicitor option located just above the Law Society logo. Select quick search, then select the area of law required and enter your post code. A list of local firms will then be displayed. Look for a conveyance solicitor as they can easily draft this document for you.

Customer: replied 24 days ago.
I have looked into deeds of trust and cohabitation agreements but really all I want to make legally binding is the fact I am lending my partner £40,000 and in the event of our separation he has to pay me back within x months...
Expert:  james bruce replied 24 days ago.

ok, then you can simply have a basic loan agreement drafted, stating that you have loaned £40,000 and that this will be paid back to you at a rate of ? by monthly instalments of ? commencing ? if the two of you split up or he sells the property.

Again, any lawyer can draft that agreement for you, or you can type it up yourself. If you do it yourself, I would recommend having two independent people witness the two of you sign the document, the witnesses should then also sign and date then document.

Expert:  james bruce replied 24 days ago.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance.