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i am in arelationship and we recenly built our home.we both

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sold properties.when we bought we...
i am in arelationship and we recenly built our home.we both sold properties.when we bought we signed a legal contract if things didnt work out my partner would get 2/3 and i would get a third.things are not going to plan and when i said i wanted to leave my partner said i wouldnt get a penny...can he be right.also we work together, he is a dentist and i am a dental nurse and have worked with him for 20 years in august..he said i could cut my hours after i had a operation back in november,so i now work half day monday,halday tuesday but he kept my wage the same,saying he had given the 2 other members of staff a pay rise but kept my wage the same,because things are bad he now sais that things need to be looked at and that i should work for my money,and why wasnt i going into work this morning,also he accused me of getting rid of legal documents at work,which is total rubbish. i feel now that he is looking for a way of sacking me when my work is exeptional,why would he have kept me employed for 20 years.i really dont know where i stand and am quite worried,with my home and also work.your help is desperatley needed
yours desperate
bev rees
Submitted: 6 years ago.Category: UK Law
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6/6/2011
Solicitor: Thomas, Lawyer replied 6 years ago
Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7,635
Experience: BA (Hons), PgDip, Practising Solicitor
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Hi Bev
Thanks for your question.
To enable me to answer your question could you please respond to the following:-
1. Are you both named as registered proprietors of your property?
2. Are you married? I assume not but please confirm
3. Are their any children of the relationship
Kind regards.
Tom
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Customer reply replied 6 years ago

hi tom

yes property is in both names, no not married and no children.

regards bev

Solicitor: Thomas, Lawyer replied 6 years ago
Bev,

Thanks.

You have signed a declaration of trust confirming the extent of your respective shares in the property, correct?

Tom
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Customer reply replied 6 years ago

yes we signed in front of the solicitor and she signed it too

bev

Solicitor: Thomas, Lawyer replied 6 years ago
Hi Bev,

Thanks for your reply..

If you signed a trust document stating the extent of your ownership of the property then this will determine the amount of equity you are entitled to. It may also state when you are permitted to apply to realise your equity so you should check the document.

Subject to anything contained in the declaration You can force the sale of the property by making (or posturing to make) an application to Court. If your partner cannot demonstrate sufficient finance to receive a mortgage offer to buy you out and transfer the equity in to his name then this will be your only option. A local solicitor would be able to do this for you and these orders are seldom refused by the Court.

You are an employee of the business. This is the case even if you do not have a written employment contract, you still have a contract (it need not be written). This means that you have the right not to be unfairly dismissed, including a right not to be constructively dismissed – where you employer creates a situation or working environment where it is impossible for you to carry on and therefore you leave.

Here is a link to ACAS, they can provide basic employment advice as to your rights:-
http://www.acas.org.uk/index.aspx?articleid=1797

It seems though that you need to check the trust document first and then consider whether to apply for an order for sale to realise your equity and then deal with the employment situation.

He is wrong when he says you will not get a penny – you have a trust document which states your interest.

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
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7,635
Experience: BA (Hons), PgDip, Practising Solicitor
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Customer reply replied 6 years ago

thank you so much for your advice.i was feeling alittle negative first thing ,but now feel a litle more positive.if i need to contact you again i certainly will.

thanks again

bev

Solicitor: Thomas, Lawyer replied 6 years ago
Bev,

No problem, feel free to request me in the future.

Kind regards,

Tom
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