I have a signed and witnessed 'declaration of trust' stating that on selling the property I will received X amount and the remaining balance will be shared 50/50.
However, my partner has not contributed towards the cost of the mortage or utilities for four months and expects me to pay for everything. I have asked him to help but he refuses. He says he does not legally need to pay anything as it is his home.
The DOT stats
and hereby covenants with each other as follows;
a) to observe and perform all covenants restrictionsconditions and stipulatiion imposed by any mortgagee and maintain all mortgage payments
c) that they will not create or purport to create any charge mortgage lien or other interest in respect of the Property as a whole or their respective shares without the consent in writing of each other.
Does this help?
He is also demanding twice as much as he should be entitled to from the DOT based on his continued investment via improvement costs. Can you advise.
I'm not sure what you mean by your second question.
In my own right yes I do have sufficient finance to receive a mortgage offer, but currently this is tied up in my current home which is the home in question.
In a word 'no'
No such agreement is in place and he spent his money freely and without demand.
Much appreciated, at least I know where things stand, even if not totally in my favour I have the knowledge to take forward to hopefully satisfactory conclusion for both parties.
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