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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I have a tenents in common mortgage agreement on my home as

Resolved Question:

I have a tenents in common mortgage agreement on my home as I have a much larger share invested. Unfortunately the relationship has broken down and my partner is not paying anything towards the cost of managing the home.

1. Do I have any rights to ask him to leave as he is not paying towards cost of upkeep?
2. Do we have equal rights regarding the disposal of the home?
Submitted: 2 years ago.
Category: UK Property Law
Expert:  Stuart J replied 2 years ago.
What was agreed when you purchased?
Customer: replied 2 years ago.

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.

Customer: replied 2 years ago.
Relist: Other.
Expectation was one of speed as I am short on time and require an urgent response.
Thank you.
Expert:  Thomas replied 2 years ago.
Hi,

I assume your partner is named on the registered title to the property with you and that they are similarly named on the mortgage with you.

What does the DOT say about the payment of the mortgage, does it say that you are both to pay the mortgage?

If the DOT is silent on this issue, did you have an agreement or understanding between you both as to whether you should jointly pay the mortgage?

Tom
Customer: replied 2 years ago.

Hi Tom


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.

Expert:  Thomas replied 2 years ago.
Hi,

What were the value of the improvement costs please?

Are you able to demonstrate sufficient finance to receive a mortgage offer in your sole name?

Tom
Customer: replied 2 years ago.

Approximately £13K.


 


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.

Expert:  Thomas replied 2 years ago.
Ok.

I should be able to answer after you reply to this final question:

Did you have an agreement that the works he carried out would alter his interest in the property to the extent that he would receive a great percentage of the proceeds of sale?

It will take me 5 mins to draft once you have replied.

Tom
Customer: replied 2 years ago.

In a word 'no'


 


No such agreement is in place and he spent his money freely and without demand.

Expert:  Thomas replied 2 years ago.
Hi

Thanks for your patience.

By saying “..and maintain all mortgage payments” the DOT appears to obligate you to each other to pay the mortgage payments. It’s a shame that it does not specify precisely how much each should pay but it does obligate you to eachother nevertheless.

Therefore, if he does not continue to pay the amounts you have agreed then he would put himself in breach of the DOT. However, joint mortgages have joint and several liability so the lender can sue either or both of you if there are any arrears. They won’t care that you had an independent agreement with him.

The position is that where someone is jointly named on the title to the property they cannot be evicted by the other owner unless there is a court order as a result of either criminal or civil proceedings stating that the person should be evicted. Therefore you cannot evict him. I assume that the DOT does not impose power of eviction either, as you have not mentioned it.

You are going to have to negotiate the amount he should be paid for his equity and concurrently with such payment do a transfer/remortgage in to your sole name. You need a mortgage offer for this.

If you cannot agree then you are going to have to litigate. If he seeks to have the money he has spent on improvements factored in to the amount he should receive under the declaration of trust then he will either have to show that you had an agreement of how this would be altered by the works OR claim under the Trusts of Land and Appointment of Trustees act. This can get expensive in legal fees but the amount of money he has paid might just make him do it. You will ask for the mortgage payments to be taken in to account in the money that is owed to him.

You’re going to have to negotiate, but if he is not able to prove an agreement in respect of the works and is not prepare to litigate under the above act then your respective interests will be worked out in accordance with the DOT and you should be able to argue his missed mortgage payments are taken in to account.

I suspect it will be a bumpy ride for you for a bit though.

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Kind regards,


Tom
Customer: replied 2 years ago.

Thanks Tom


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.


regards

Expert:  Thomas replied 2 years ago.
Thank you, XXXXX XXXXX be grateful if you would rate my answer now.

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