Thanks. You will need to obtain the TR1 to be sure but if the TR1 contains a reference to an identifiable declaration of trust and you have both signed it (it is not necessary for you to sign a TR1 as buyers so this is not a foregone conclusion then this will be very strong evidence that a declaration of trust exists. A declaration of trust can mean established in a Transfer deed (TR1) and this is just as binding as a separate declaration of trust - it is just that it willusually be much less detailed due to space limitations hence why many people prefer to draw up a separate declaration of trust.
in order to obtain a copy of the transfer deed, you can contact the land registry using contact details from the following link:
if you can establish that a declaration of trust was agreed in the transfer deed, then this will be very helpful because the decision in Pankhania v Chandegra  EWCA Civ 1438 makes it very clear that where two parties have entered into a declaration of trust that is not possible for either party to stick to vary that declaration of trust. In other words your girlfriend will be bound by the terms of that declaration of trust whether she likes this or not. The only caveat would be if she could show that you subseuently gave her some assurance that you would provide her with a greater share of the property and she relied upon at assurance though the burden of proof would be upon her to show this and I assume she would have no evidence to support such a claim.
If you cannot establish that a declaration of trust exists as discussed above then you can make an application under the trust of land and appointment of Trustees act for a judge to impose what is called a constructive trust to determine your respective shares in the property. A constructive trust can be imposed by the court on such terms as the court thinks fit having taken into account all of the evidence. In the absence of an express declaration of trust, the presumption is that each party will own 50% of the property where the own as joint tenants but this presumption can be rebutted by one party demonstrating evidence that it was not intended that the other party should own a share greater than the amounts reflecting the contributions made by the party. In other words, you did not intend to make a gift of your much larger financial contributions to your girlfriend. This can sometimes be quite a challenge as a result a lack of documentation in this respect that in your case it does not appear to be so as you would appear to have an abundance of documentation which leaves very little doubt that you intended that the property should be owned on shares set out in the declaration of trust. Accordingly you would appear to have the makings of a strong claim.
in order to move forward, you may in the first instance consider proposing mediation whereby qualified legal adviser sits down with you both and explains your respective rights with the aim of trying to reach an agreement. If that fails or one or both of you decide you do not wish to enter into any kind mediation then you can issue an application in the County Court for an order under the above Act for a judge to impose a settlement. You can find a local solicitor that specialises in this type of claim locally by visiting the following link. Many solicitors operating under the below organisation will offer a free initial consultation:
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