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Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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my partner and i are splitting up,i put the deposit down on

Resolved Question:

my partner and i are splitting up,i put the deposit down on the house,my name is XXXXX XXXXX deeds but not the mortage,am i entitled to all my deposit back.
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

Hi,

 

Thanks for your question.

 

Are you certain that your name actually is on the registered title for the property at the Land Registry?

 

It would be quite rare that a mortgage company would allow you to be on the registered title but not named on the mortgage deed.

 

I can tell you how to check at the LR if you require.

 

Kind regards,

 

 

Tom

Customer: replied 4 years ago.
Thanks but i know my name is XXXXX XXXXX deeds,so am i entitled to my money back as he only had 492 pounds in his bank account and i can prove that i transferred the money into his account then the money went from his to the solcitor.
Expert:  Thomas replied 4 years ago.

Hi,

 

If you are named on the deeds then you are entitled, not only to your deposit back but there is a presumption that each joint owner owns 50% of the property unless there is an agreement specifying your separate shares. There would therefore be a presumption that you have a 50% interest in the property or any proceeds realised from the sale of the property. This presumption can be rebutted by your partner but it's not easy, though if your partner has solely maintained the mortgage payments then his argument will be stronger.

 

if you and you partner presently hold the house jointly (as joint tenants) then each person's share would pass to the other upon death regardless of any direction made in any Will. If this is not what you want then you should sever the joint tenancy by using Form SEV from the Land Registry (you will have to send it to them and if you have any questions about completing the form you should call their customer service number - they are very helpful):-
http://www1.landregistry.gov.uk/publications/?pubtype=49


You will then hold you interests as tenants in common, meaning that your respective shares will pass according to their wills or under the intestacy rules. Your partner need not sign the form provided you follow the instructions.

You can force the sale of the property by making (or posturing to make) an application to Court. If your partner cannot demonstrate sufficient finance to receive a mortgage offer to buy you out and transfer the equity in to his name then this may be your only option. A local solicitor would be able to do this for you and these orders are seldom refused by the Court.

If this has been useful please kindly click accept so that I may be rewarded for my efforts. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,

Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6309
Experience: BA (Hons), PgDip, Practising Solicitor
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