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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7509
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi My wife and I own our house and the house was her mums she

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Hi My wife and I own our house and the house was her mums she sold it to us below market value and I put little money in to it, how can we make an agreement that if we sell she has the bulk of the equiry? and can the agreemnet be back dated?

Hi,

 

Thanks for your question.

 

You should ask a local conveyancing solicitor to draft a declaration of trust. This is a deed which declares your respective interests in the property or if a person(s) should receive monies first before the equity is divided proportionally. You can specify both you respective % shares.

 

Once you have executed the declaration you can have it registered against the legal title to your property as a notice, which means that any conveyancer who would act in the sale would be aware of the arrangement and proceed appropriately.

 

You can find conveyancing solicitors in your area by using the following Law Society search engine:-

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

 

It should t around £100-150+Vat and a fee of £50.00 to have it registered at the Land Registry.

 

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 question.

 

Kind regards,

 

Tom

Customer: replied 6 years ago.

Thanks for the qiuck answer, if I can probe a bit more and give you some more information..

 

I'm having some financial difficulties and was looking at a way of ring fencing the money, The fact about the way we got the house is correct and we always considered the lions share was hers but never did anything about documenting it

Of course.

 

In the event you go bankrupt then a creditor could seek to have the declaration set aside transaction if they were taken with a view to, in effect, defrauding your creditors. So they could in theory apply for this.

 

You would be able to make representations to the effect that it was always an understanding that your wife "owned" more of the property and you just never got around to investigating formalising this, but you would have to face the question of why you did not declare your interests at the time when your conveyancer asked you. If he did not ask you then this would help your argument. If it comes to it you are just going to have to fight it out on this point.

 

In the end though a declaration of trust is the only way to stipulate your interests and you are just going to have to chance your luck with the financial difficulties.

 

Hope this clarifies.

 

Tom

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