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Stuart J
Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 22838
Experience:  Senior Partner at Berkson Wallace
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MORTGAGE HOSTING* In 2012 I paid the deposit and all legal

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MORTGAGE HOSTING*
In 2012 I paid the deposit and all legal cost for a property with a joint venture partner. The joint venture partner got a mortgage in his name but knew the property was mine (he was acting as a host for the mortgage). Since then I have paid all cost on the property including council tax, bills, insurance, mortgage, refurb cost etc with the understanding at some point I will take him off the title and officialise the purchase. Unfortunately I never got around to tieing up any official agreement with him as we did it on trust. Recently the joint venture partner has took the property off me and is now saying he is selling it without my permission. Though I have offered to buy it for the amount outstanding on the mortgage. What chance do I have of showing to the courts this property is actually mine and therefore he should not benefit from any capital growth on the property? Furthermore, if there is no way the law will accept it is mine (because he is the one on the title at land registry) how can I claim back all my money I have put into the property? Thanks
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola

 

 

I have been asked to look at this for you by Nicola.

I need some more information from you please.

Was the property registered in your business partners name? Why his sole name and not your name or joint names?

 

Do you have proof of how much money you have paid over?

Customer: replied 12 days ago.
Hi Stuart, Thanks for looking into this.

To answer your queries:
Yes it is registered in his name & unfortunately (out of trust) I never added my name to the title.

Yes I have proof through emails and bank statement transactions of all the payments made.

Thanks,

Thank you. There is obviously an order and to be had here.

You may or may not be aware that property has two titles.

It is something which law students very often cannot get there had around.

There is the legal title which is what’s on paper.

There is the equitable title which is not necessarily on paper and is the financial aspect and would often be noted in a deed of trust.

Your partner (for want of a better phrase) owns the legal title but you only equitable title.

You have proof of your equitable (financial) interest by virtue of the fact that all the money paper trail came out of your account and either to the solicitor or to his account.

Evidentially, it’s quite straightforward.

The only problem here is proving what your interest is worth and what his interest is worth because not just the contributions that each of you may have made over the period, but because him having his name on the property and the mortgage has a value.

At this stage however I think it’s a mathematical calculation, not a legal issue.

If I have answered your question for you, at the top of the page, you should see a rating facility. Can you please rate my reply 3 stars or more because that really helps me? Please note you are not rating whether it’s favourable, because sometimes you may not get the answer you want, but basically my knowledge and way of dealing.

The thread does not close and I am happy to answer any questions you may have arising from this.

Kind regards

Customer: replied 11 days ago.
Hi Stuart, Thank you for your response. It is interesting to hear there are two titles.

Can you please clarify what you mean by saying ' I think it’s a mathematical calculation, not a legal issue'? At this moment in time the partner is ignoring all emails and calls so it is unfortunately I feel a legal issue because he has taken control of the property without my permission & so I am looking at the best way to take back control of the property? Should I be filing a judgement against him for all the money I have spent on the property over the years? Or is there a different approach I should be taking?

I am trying to understand the best approach to take back control or at least get some of my money back.

Many thanks for you help, it is much appreciated.

If your “business partner” will not reply to emails or correspondence, then your only remedy is to take him to court.

Your remedy would be an application to court for an order for sale of the property under section 14 of the Trusts of Land Appointment of Trustees Act on the basis that you have all the equity in the property or in the alternative that he transfers the property to you.

Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 22838
Experience: Senior Partner at Berkson Wallace
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