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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7617
Experience:  BA (Hons), PgDip, Practising Solicitor
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I bought a house with my ex and signed all papers and paid

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I bought a house with my ex and signed all papers and paid everything equally - august just gone we broke up and i moved home - he said he did not want to sell and took over all payments and i moved all bills to his name - my name is XXXXX XXXXX the mortgage untill june 2nd 2010 and obviously on the house deeds. He is saying i am not entitled to anything as the house is in negative equity? Is this correct? Do i really have to just walk away leaving him with the money i put in for deposit etc?
Submitted: 7 years ago.
Category: UK Property Law
Expert:  Thomas replied 7 years ago.



If you are registered on the legal tile at the Land Registry as one of the registered proprietors then you have a joint interest in the property and it cannot be sold without your consent.


As the house is in negative equity were it to be sold now then there would be a shortfall for which you would be jointly liable to pay.


If the property market recovers and the house returns to positive equity then unless there is a declaration in trust you signed when you purchased the property you usually would be entitled to 50% of the proceeds of sale. Doubtless your ex-partner would dispute this on the strength of his mortgage payments and a court would certainly take this in to account were they to decide a fair division of the proceeds of sale (and your share would likely considerably reduced). You would be better off negotiating with him.


You could propose a transfer and remortgage to him, so that he takes over the mortgage and the property is transfered in to his sole name with him perhaps paying you a fee. Alternatively, you could agree a declaration of trust now stating the amount you each are to receive in the event the property is sold (with equity). You could also speak to a solicitor about an applying to the court for an order for sale once the house is in positive equity.


A final point - do you hold your interests as tenants in common or as joint tenants? If you hold as joint tenants I would advise severing the joint tenancy at the Land Registry, if you do not and you were to pass away he would automatically receive your interest in the property.


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Kind regards,




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