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Aston Lawyer
Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 1710
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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Response J Solicitor Stuart, thank you response. In answer

Customer Question

Response for Stuart J SolicitorHi Stuart, thank you for your response.In answer to your query, re why this was agreed, it was Miss X's suggestion and initiation to have this drawn up, and it was her Layer's suggestion that it be 35%. My partner explains he didn't really want to do it, but eventually agreed because she justified this saying she would be contributing to the house bills and mortgage payments... but she never did contribute financially to anything. She has her own property she let out at the same time so was getting regular income but was keeping it for herself. Simply, he loved her and trusted her and believed she loved him too and it was a condition she posed to her moving in with him and being a couple.What I would like to know, and it isn't clear in the deed is that if he simply doesn't have the money to pay this, can she take him to court and will the court force him to sell the house?
The ideal situation would be is that she isn't able to force him to sell and as there is no specific time mentioned in the deed, can he simply make her wait?The house is his place of work and they also have a son together which they have shared parenting 50/50 so he lives with his father 50% of the time and the other with his mother. So selling the house would then leave him and his son without a place to live. Does the court take this into account?Also, the question I asked before was does it affect the deed in any way when we are married and I move into the house?Many thanks
Submitted: 4 months ago.
Category: UK Property Law
Expert:  Stuart J replied 4 months ago.

Thank you. Your marriage does not affect the situation that the X is in.

I know you say that it was her suggestion to have the Deed drawn up and it was her lawyer suggestion to make it 35% but did she or her lawyer actually draw the deed and then stick it in front of your partner to have him sign it?

There is mention of a transfer for £200k plus in the deeds. Is that referring to the initial purchase price? The reason I ask is that you say that she didn’t contribute anything whatsoever financially.

Apart from the fact that, as you say, he loved her, I’m just wondering why, completely out of the blue, he decided to give her 35% of the house value. I’m trying to think of an angle of undue influence where he could oppose the deed.

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