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Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I have been with my partner for 17 years, we have sold our

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I have been with my partner for 17 years, we have sold our house and buying a small caravan park, we are having the small morgage transfered to the next property, and when the time is up we will pay the small morgage off, with no penalties. My partner is in business, owning a motorhome and caravan sales. I will be running the small caraven park. He put me as deed of trust, as i am not in full time employment, so if anything would happen to him, then i would benifit, he would leave it to me. I do not fully understand, what deed of trust is? I have worked along side him for 17 years, and have worked as hard as he, my name is XXXXX XXXXX the exsisting morgage, as i am not currently employed, so it has to be in his name solely, before i go into more hard back breaking work along side him, i wish to know where i stand, as i have recently mentioned marrige, after such a long engagement, but he ignores me completely, and changes the subject. He wants me to run our new venture, and get it all set up, how do i make sure that i have some sort of security, as i am now 52, and need to know, before i take this any furhter. Please can you advise me, on this very worrying matter. Regards Janise.
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

Hi,

 

A deed of trust is a legal document that people complete to declare their respective interest in something (usually an asset - as here with the caravan park). It is legally enforceable and with a property would usually express in percentage terms how the proceeds of sale of the property (if sold) were to be divided. To provide a measure of comfort you can have this registered against the legal title to the property either as a restriction (which would prevent it being sold without your consent) or as a notice (which would mean that you would receive notice that the property was going to be sold).

 

You could then seek to enforce the agreement, practically a solicitor selling the property would be sure to engage with you over the sale and division of proceeds of sale.

 

I do find it a little strange that he says the mortgage company will only allow it to be in his sole name, if you are willing to be named on the mortgage usually the lender will consent. I would press him on this a little more, if he sticks to this position you can suggest looking at other mortgage lenders who will permit you to be named on the mortgage and registered title. This would provide you with a lot more security.

 

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

 

Kind regards,

 


Tom

Customer: replied 4 years ago.
Hi Tom, thank you for your answer, is it possible for me to be named on the morgage, as i do not have an income coming in at the moment, this is what i have been led to believe.? I must be secure in my future project, as i will be running this venture, i do not want to put in all the hours of hard work, to be left with a thank you and good bie. Janise.
Expert:  Thomas replied 4 years ago.

Hi Janise,

 

If you do not have any income then it might prove to be a bit of a problem. Enquire anyway and if you are to receive an income from running the business then ask for this to be taken account of when making their decision.

 

If you are not named on the mortgage I would recommend executing a declaration of trust and having it registered as a restriction or perhaps in the form of a legal charge noting your interest. You should both inform the lender of your plans (ie. declaration or trust or second charge in your favour).

 

A restriction/charge will mean that the property cannot be sold without your consent, which impractical terms means until you get your money back.

 

You've got to ask to be included in his plans, rather than it just being a unilateral process undertaken by him.

 

I hope this clarifies, if so please click accept.;

 

Kind regards,

 

TOm

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6538
Experience: BA (Hons), PgDip, Practising Solicitor
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