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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6296
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi Tom Have just Bern round the house yo wal dod and he has

Resolved Question:

Hi Tom
Have just Bern round the house yo wal dod and he has licked doors from inside and wouldn't answer also while I have you the house is on deeds 50/50 if he offered to buy me out ir house is sold hiw much should I expect to get half ?

Regards Dawn
Submitted: 3 years ago.
Category: UK Property Law
Expert:  Thomas replied 3 years ago.

Hi Dawn

Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • 1. Did you sign a trust document declaring your respective percentage interests in the property

I will be able to answer in 30 mins

Kind regards.

Tom

Customer: replied 3 years ago.
I think we did when we brought the house the solicitor asked how we wanted the house put and it was 50/50
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your question.

You need to see a local solicitor about arranging for your access to the house and for what is to happen to it – whether you are to be bought out by your partner or whether the property is to be sold and the proceeds of sale split.

In the absence of any express agreement to the contrary there is a presumption that each party retains a 50% interest in the equity in the property, this presumption can be rebutted if one party has contributed significantly more to the purchase price and/or mortgage repayments. If he wanted more than 50% and had contributed more then he would have to litigate in order to achieve it (ie. go to court) and this is not easy or cheap.

You can find local solicitors via the Law Society website:-
http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

I will answer your follow up questions you may have.

Kind regards,


Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6296
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Property Law Specialists are ready to help you
Customer: replied 3 years ago.
Hi Tom
I have been onto the solicitors and they are sending me out a declaration that at the time of purchase the house was to be 50/50 will this help me get rhe full 50%

Regards Dawn
Expert:  Thomas replied 3 years ago.
Dawn,

Yes, if you and your partner executed a declaration of trust confirming that you each hold 50% interests in the property then this is certainly going to help you claim 50% of the equity.

If he wished to claim more than 50% because of the subsequent arrangement/contributions of each other since you have been living in the property then he would have to litigate and this would be expensive for him.

I note you did not click accept to the answer I provided above, I should be grateful if you would kindly click accept to this.

Kind regards,

Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6296
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Property Law Specialists are ready to help you

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