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Thomas
Thomas, Solicitor
Category: UK Family Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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After 25yrs my partner left me. Iput her name on the deeds

Resolved Question:

After 25yrs my partner left me. Iput her name on the deeds of my house 4yrs ago believing her saying that she would not leave me and that this would give security to her. For over three years I have had to sleep in another room alone. Surely this cannot be right that she can be entitled to hail of my lifes work when she never paid anything towards running the home and I had to give her money.
Submitted: 3 years ago.
Category: UK Family Law
Expert:  Thomas replied 3 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following:-
1. Did you sign a declaration of trust declaring your percentage interests in the property?
2. Did you instruct a solicitor to transfer half the house

Kind regards.
Tom
Customer: replied 3 years ago.
No declaration of trust was signed. Solicitor was instructed.
Expert:  Thomas replied 3 years ago.

Hi,

 

Thanks for your reply.


I'm afraid that there is a presumption in the absence of any express agreement that joint owners of a property each have a 50% interest in the property.

 

The solicitor at the time of the transfer should have check to make sure that you understood the consequences of the transfer to your partner and that you knew the implications of proceeding to transfer the share to your partner.

 

They are not concerned, particularly, with the reason you are doing it - just that you understood what it mean post-completion.

 

This means that she now owns half the property and provided you were not placed under any duress (eg. Threats and coercion which deprive you of a free choice because going through with it is the only way you could prevent yourself being harmed) and there was no element of fraud in the documentation then she will retain the same rights in respect of the property that you do.


I am very sorry it could not be better news.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

 

I will answer your follow up questions you may have.


Kind regards,


Tom

Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6599
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Family Law Specialists are ready to help you
Customer: replied 3 years ago.
She said she wanted to be on the deeds assecurity for staying with me knowing I had cancer
Expert:  Thomas replied 3 years ago.

I terribly sorry but as I said above, I'm afraid the reasons are lagrely immaterially unless you consdered that serious harm would be caused to you if you did not agree to the transfer.

 

Doubtless you consider it unfair, but I'm afraid that it was ultimately your choice.

 

Kind regards,


Tom

Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6599
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Family Law Specialists are ready to help you

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Thomas
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BA (Hons), PgDip, Practising Solicitor