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JimLawyer, Solicitor
Category: Property Law
Satisfied Customers: 14356
Experience:  Senior Associate Solicitor
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I live in the UK. My ex partner and I are tenants in common,

Customer Question

Hi, I live in the UK. My ex partner and I are tenants in common, but the declaration of trust has been lost. We both remember it was 10 and 90% split. The 90% represent my share. Now, my ex partner never paid for the mortgage nor the deposit. I need to take his name off but he is asking me money. Would I be able to deduct half of the deposit and half of the payment he should have contribute towards, from what is the 10% of the outstanding amount? Thank you
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: Just enquiring I don't know who could best assist me yet
JA: Where is the property located?
Customer: London, UK
JA: Anything else you want the Lawyer to know before I connect you?
Customer: That will be it, thanks
Submitted: 1 year ago.
Category: Property Law
Expert:  JimLawyer replied 1 year ago.

Hello, this is Jim, a dual-qualified lawyer (UK & Republic of Ireland) and happy to help you today.

You need his agreement to sell, or a court order if he refuses to sell. The court will look at evidence of the agreement - the deed of trust would have been ideal but if there is no record, then you will need to provide evidence of your 90% and the further mortgage payments compared to his. It all depends on the evidence available - no doubt you can evidence higher payments and the burden of proof in a civil court is only "in all likelihood", so if you can show you paid more in all likelihood then the court will agree that you have done so.

If you sell the property then the solicitors can retain the funds until this is resolved. Or if he refuses to agree, you can apply to force a sale or apply to remove him from the deeds (the latter if you want to keep the property for yourself). It is a technical area of law so a law firm such as would be ideal - they could threaten the ex with costs if he continues to cause you a problem.

Expert:  JimLawyer replied 1 year ago.

I hope this helps? If I have answered the question would you kindly leave me a 5 star rating (at the top of your screen), any follow up questions are welcomed.

Many thanks,