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Does his ex get half his house even she never lived there?

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  • GwylimT
    GwylimT Posts: 6,530 Forumite
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    Cat236 wrote: »
    So it will be half as that's what the solicitors want to give her. He's such an idiot!
    Can the declaration be challenged? She never became an occupier of the house? She hasn't been in contact with since she left him.

    I don't know if they can be challenged, why does not being an occupier have any importance? Why is he an idiot?
  • McKneff
    McKneff Posts: 38,823 Forumite
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    My other half would only call me an idiot once !!!!!
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • Cat236
    Cat236 Posts: 16 Forumite
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    His ex is on the declaration of trust as the occupier. Not as an owner. with not ever living there or paying any money towards the house I was hoping it could be challenged, that she wasn't entitled to any of the profit of the house?
    He's an idiot as he has only just told me about this so it a has come a shock to me. We have been the process of buying and selling for about 2months. Also he has been split from his ex eight years so there has been time to sort it out. That the only reason.
  • GwylimT
    GwylimT Posts: 6,530 Forumite
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    Declaration of trust is a completely seperate issue to ownership. I still fail to see why any of this justifies calling him an idiot.
  • Cat236
    Cat236 Posts: 16 Forumite
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    I'm sorry that your offened by me calling him idiot. He's calling himself idiot too. But in the context of this it probably sounds harsh. I will stop.
    I know ownership an the decalartion are different things but the declaration says that when the house is sold the owner and occupier are to split the profit of the house.
    8 years ago he bought the house thinking they would be living together so that's why they made declaration. But she broke up with him before she moved in and the declaration was never changed.
  • 00ec25
    00ec25 Posts: 9,123 Forumite
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    we cannot see what is written on this declaration of trust so advice on here is not necessarily going to be correct!

    a declaration of trust is a legal document which is usually drawn up for one reason only, it sets out how the money from the sale of the house will be split.

    you need to understand that there is a difference between the legal owner of a property and the beneficial "owner". Normally of course both owners are the same people, but there is an important legal difference between them.

    the legal owner is "simply" the person named on the deeds as the legal owner, ie the person who can sell the property and is recorded as its owner at the Land registry

    a beneficial owner does not have to be a legal owner, such a person is merely named on a DoT as having an entitlement to a specified share of the money from the sale of the property

    why your boyfriend chose to do that with his ex is a matter for him. Obviously you are upset with the apparent situation and it could impact your relationship if you are not careful, but at the end of the day the why he did what he did is his business, not yours. Whether a DoT can be unilaterally overturned is a question he should ask his solicitor, I somehow doubt it since it is after all a document designed specifically to ensure that money splits are set out in writing in case there is a dispute between the 2 parties.
  • Avocadotoast
    Avocadotoast Posts: 39 Forumite
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    Deep breaths, Cat. Your boyfriend is one of the many thousands up and down the country that finds himself in this kind of situation.

    Not sure what this occupier stuff is about. Here's how it works for an unmarried couple - only ownership/conveyancing law applies. This is enshrined by both buyers declaring their (same) preferred ownership options. Options are:

    1. Joint tenants 50/50 ownership - if one dies e.g. the other automatically gets the remaining half.
    2. Tenants in common 50/50 where each owns half but it remains as part of each estate as such upon death.
    3. Tenants in common split up in other amounts than 50/50

    You physically have to tick boxes on a page together and sign the document too.

    With tenants in common, a declaration of trust is drawn up by a lawyer. It's a separate document entirely showing exactly who owns how much.

    So, I very much doubt that this lady I not an owner from what you have said. Yes, if she's an owner regardless of time spent there she can get her full amount unless through mediation she decides not to take it or if she puts up a fight then your bf could to court. Costly with no guaranteed outcome.

    Evenhanded and FAIR communication between both parties, a very good lawyer and supportive relationship between the two of you will get you both further than anything else.

    Sounds like everyone needs to get their facts straight first. It's disappointing for you but he is def not an idiot.
  • frugalmacdugal
    frugalmacdugal Posts: 10,077 Forumite
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    Hi,
    Cat236 wrote: »
    I need help, my boyfriend and I are buying a house together

    now that you are aware of the complications involved in this arrangement, make sure that you and boyfriend have things clearly stipulated before embarking on such a huge financial involvement together.
  • FBaby
    FBaby Posts: 18,367 Forumite
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    You would normally draw a Declaration of Trust if you provide a financial input into a property, but for some reason, that person can't, or it's agree that they wouldn't be named on the Deeds.

    Are you sure that she didn't contribute a penny, maybe the deposit, in addition to what your partner's father contributed?

    She would be entitled to what is written in the Declaration of Trust if he sold the house.
  • ScorpiondeRooftrouser
    ScorpiondeRooftrouser Posts: 2,851 Forumite
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    GwylimT wrote: »
    Declaration of trust is a completely seperate issue to ownership. I still fail to see why any of this justifies calling him an idiot.

    Well, it seems that there are three possibilities, either:

    1. He has given away 50% beneficial interest in the property for nothing to somebody he wasn't married to and never even lived there.

    2. He never understood half what he was doing and has subsequently forgotten the half that he did.

    3. He is lying to his current partner about what he did at the time.

    "idiot" doesn't seem a million miles away.
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