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Ask Clare Your Own Question
Clare, Solicitor
Category: Property Law
Satisfied Customers: 35089
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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Party A has deeds to a property. Party has paid fully for

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Party A has deeds to a property. Party B has paid fully for the property though the mortgage was under Party A. Does party B have any entitlement? Party A has no proof of earnings (student at the time). The property is in the uk.
Thank you for your question
My name is Clare
I shall do my best to help you but I need some further information first
What evidence of payment does B have?
What was the original agreement between A and B regarding the property?
Customer: replied 3 years ago.
A has never been employed. account records can prove payments were made by B and the property's mortgage was fully paid after B sold another property.
Customer: replied 3 years ago.
It should be noted that B is A's father.
What was the agreement between the parties at the time the purchase was made
Customer: replied 3 years ago.
No formal agreement between both parties, just good faith.
I assume Party A will say he thought it was a gift?
Customer: replied 3 years ago.
Yes. It should be noted that Party A has never claimed any sum previously (rental income) and likewise never paid any maintenance/repair or council tax etc. this has always been paid by Party B.
Party B could certainly argue that he has a claim on the property using the Trusts of Land and Appointment of Trustees Act (TOLATA)
You can read more here
It will be for the court to decide if this property was a gift to A from B or not
Please ask if you need further details
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