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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Is it a point of law that if a property is paid for by a person

Resolved Question:

Is it a point of law that if a property is paid for by a person they have rights of ownership over the property even though the property may have been put in another person's name?
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

If a person is purchasing a property but the finance is being provided by a third party then the solicitor should contact the third party prior to exchange and completion.

They will inform the contributor that they are financing to the purchase but their instructions are that they are not going to be named on the registered title. They will inform the contributor that they may consider taking legal advice in respect of how they are to protect the contribution if it is not a pure gift (in which case they shall retain no interest).

If the money is in fact intended as a gift then they will ask the contributor to confirm this to them in writing and also to verify their identity)

The solicitor will respond accordingly.
1) If they confirm that it is a gift then they will get appropriate evidence of this in writing from them and also take proof of their identity. They will inform the purchaser and no charge (ie. A restriction) will be entered on the title
2) If the contributor confirms the money is not a gift and that they require security for the contribution then the solicitor should inform the purchase and then arrange for a restriction to be entered on the legal title following completion. They will explain the effect of the restriction to the purchaser, at which point it is for the purchase to decide whether or not to proceed on this basis. A charge may be drawn possibly to stipulate the rights and responsibilities of each party under the transfer of money in the future.

If the contributor stated that they wanted a charge/restriction and the solicitor somehow arranged this without consulting the purchaser then the purchaser will have a claim against the solicitor for negligence. It will be difficult to get the charge removed.

If the contributor was not contacted or did not respond to the solicitor and the transaction completed then the contributor may have been able to use the Trusts of Land and Appointment of Trustees Act to claim an interest and register a charge, however they would have to litigate which the purchaser would be able to defend if there was clear evidence from the contributor that it was intended as a gift.

You will appreciate we are only able to give general advice and guidance on general principles. If you require specific advice you must take direct and independent legal advice.


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Kind regards,


Tom
Customer: replied 1 year ago.


A charge has been made on a property registered in my name - can the charge be removed by appealling on the grounds that the property was paid for and owned by two other people?

Expert:  Thomas replied 1 year ago.
Hi

Does the debt which relates to the charge that has been registered relate to you?

Did you execute a Declaration of Trust (or other agreement) with the two other people as a result of their contribution?

Tom
Customer: replied 1 year ago.


Hi


 


Yes the debt is mine.


 


One of the people who donated 50% of the cost has a restriction order for 50% of the property, the second person (my ex-partner) who paid 50% of the cost does not have anything in writing.

Expert:  Thomas replied 1 year ago.
Hi,

I think for the moment the charge is properly registered because there is at least a chance (from a Court's perspective) that you still own part of the equity in the property.

The order giving 50% to one of the people protect's that part of the property but if there is nothing else in writing the reasonable assumption is that you own the other 50%. Thus, there is an asset which they debt can be enforced against.

If it is the case that the other owner should also have received an order or a declaration of trust in respect of the other 50% then you both need to see a solicitor to get something to reflect this. Once you have this you may (if accepted by the Court) be able to get the charge removed but you would have to pay legal fees and possibly costs of the other side as well (perhaps)
I have been called in to a meeting unexpectedly now. It should last about an hour. If you have any further questions I will answer them upon my return.

Please remember to rate my answer.

Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6444
Experience: BA (Hons), PgDip, Practising Solicitor
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