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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi I have been living with my same sex partner for 14 years

Resolved Question:

Hi I have been living with my same sex partner for 14 years 13 years ago we bought a house together. My partner put in 100,000 and I put in 50,000 since then we have always paid 5050 for everything including my father doing all the refurbishments labour free, we are now separating but my partner says I am only entitled to one third of the monies from the sale is this correct. also as we have been together for 14 years am I entitled to any thing else.
Submitted: 3 years ago.
Category: UK 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 using the same numbering:-
1. Do you hold your interests as a) joint tenants or b) tenants in common
2. Did you execute a declaration or trust when you purchased the property confirming that you held specific and defined percentage shares in the property
Kind regards.
Tom
Customer: replied 3 years ago.
we are tenants in common and we have a declaration of one third to myself and 2 thirds to my partner
Expert:  Thomas replied 3 years ago.
Hi,

What does the declaration of trust state with regard to payment of outgoings?

Does it anticipate that the same shall be paid jointly?

Tom
Customer: replied 3 years ago.
it dosen't refer to any outgoings
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your reply.

Unfortunately I think it’s going to be difficult for you to claim that you should receive more in equity that the 1/3 share that the declaration of trust states you should be entitled to. This is the specific purpose of defining what each person’s share should be and it’s very difficult to get around this.

Ideally the declaration of trust would state the proportions in which the outgoings should be paid, but if it was accepted at the time that you would both pay equally and you did not insist upon this being reflected in the deed (eg. Upon sale and subject to equal contributions then upon sale your partner shall receive £100k with you receiving £50k and then the remaining equity being split in equal proportions then it’s going to be too difficult to claim that there was an implied term that you would contribute 1/3 of the costs of the outgoing and your partner 2/3 of outgoings and that this term was not followed and should therefore make the split provision of the DOT redundant. The first question any judge would ask was why – if this was such an important and agreed term – was it not specifically and expressly incorporated in the to DOT.

I assume the sums of money are significant however, so I should think that it would be worth have a specific consultation with a property litigation lawyer, showing them the actual declaration of trust to specifically check that there are no clauses which help you that you have missed and that it is probably executed. A consultation from a local solicitor would cost around £60-100 + vat, but you should steel yourself for a confirmation of bad news I’m afraid.

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Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6524
Experience: BA (Hons), PgDip, Practising Solicitor
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