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  • FIRST POST
    • Cat236
    • By Cat236 17th Jun 17, 8:48 AM
    • 16Posts
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    Cat236
    Does his ex get half his house even she never lived there?
    • #1
    • 17th Jun 17, 8:48 AM
    Does his ex get half his house even she never lived there? 17th Jun 17 at 8:48 AM
    I need help, my boyfriend and I are buying a house together he is selling his house to do this. Everything has been going great with the process of selling until the solicitors have told us that any profit of the house will be shared with his ex.
    When my boyfriend bought his house 8 years ago, he solely bought the house in his name with a little help from his dad (his dad went down as a lender). The intention was that his ex would move in at some point so he put her down as an occupatent of the house. She never contributed to the purchase in anyway. They broke up before she moved in so never bought or paid for anything in the house. When they first broke up he asked her to take her name off as occupant but she refused. He got a advise from a solicitor at the time who said he shouldn't worry about it.
    Now the solicitor says he has to give half of the profit of the house to her. She has never been back since the brake up and has never made a claim on the house. To give all this money for nothing after 8years seems crazy. And without this money we can't really afford the house we want.
    Heartbroken that this happening can anyone give any advise please?
Page 1
    • getmore4less
    • By getmore4less 17th Jun 17, 8:59 AM
    • 28,753 Posts
    • 17,195 Thanks
    getmore4less
    • #2
    • 17th Jun 17, 8:59 AM
    • #2
    • 17th Jun 17, 8:59 AM
    Get a new solicitor.

    being named as an occupiers does not get beneficial interest in a property.
    (ask the solicitor why they think it does)

    Are you sure there is not more to this.
    • Cat236
    • By Cat236 17th Jun 17, 9:10 AM
    • 16 Posts
    • 1 Thanks
    Cat236
    • #3
    • 17th Jun 17, 9:10 AM
    • #3
    • 17th Jun 17, 9:10 AM
    I was thinking the same.
    On all the documents she is only put as occupier. Searching on different websites all night I couldn't see why she would be entitled to a claim. I will look over all the paper work double check. We have appointment with the solicitor on Monday hopefully its all a mistake though the new solicitors is probably the best idea.
    Thankyou so much for your quick reply.
    • bouicca21
    • By bouicca21 17th Jun 17, 10:19 AM
    • 2,924 Posts
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    bouicca21
    • #4
    • 17th Jun 17, 10:19 AM
    • #4
    • 17th Jun 17, 10:19 AM
    Were they married? That would make a difference to the potential outcome.
    • Cat236
    • By Cat236 17th Jun 17, 10:24 AM
    • 16 Posts
    • 1 Thanks
    Cat236
    • #5
    • 17th Jun 17, 10:24 AM
    • #5
    • 17th Jun 17, 10:24 AM
    No they were never married. They both lived speratley, he bought the house with the intention of her moving in that's why she was put down as an occupier . When they broke up she was living in her own house.
    • ScorpiondeRooftrouser
    • By ScorpiondeRooftrouser 17th Jun 17, 10:32 AM
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    ScorpiondeRooftrouser
    • #6
    • 17th Jun 17, 10:32 AM
    • #6
    • 17th Jun 17, 10:32 AM
    I am not sure what he could have put her name down as an occupier on that she would have the right to refuse to be taken off. Can you explain exactly how she is listed as an occupier and on what?
    • gettingtheresometime
    • By gettingtheresometime 17th Jun 17, 10:34 AM
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    gettingtheresometime
    • #7
    • 17th Jun 17, 10:34 AM
    • #7
    • 17th Jun 17, 10:34 AM
    Is she on the deeds in any way?
    Lloyds OD / Natwest OD / PO CC / Wescott cleared thanks to the 1 debt v 100 day challenge


    Next on the list - the Argos Card!
    • Cat236
    • By Cat236 17th Jun 17, 11:00 AM
    • 16 Posts
    • 1 Thanks
    Cat236
    • #8
    • 17th Jun 17, 11:00 AM
    • #8
    • 17th Jun 17, 11:00 AM
    She's not on the deed I don't think? It's been my boyfriend who has been dealing with the solicitors as it's his house.
    It's on a declaration of trust that she is on as occupier. My boyfriend is down as the owner.
    She never lived in the house or paid into it does that make difference?

    He has only just told me about the declaration of trust. So very mad right now.
    • Cat236
    • By Cat236 17th Jun 17, 11:03 AM
    • 16 Posts
    • 1 Thanks
    Cat236
    • #9
    • 17th Jun 17, 11:03 AM
    • #9
    • 17th Jun 17, 11:03 AM
    Checked with my boyfriend it's something called a declaration of trust?
    He is down as the owner, she is down as the occupier.
    • GwylimT
    • By GwylimT 17th Jun 17, 11:07 AM
    • 5,691 Posts
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    GwylimT
    She's not on the deed I don't think? It's been my boyfriend who has been dealing with the solicitors as it's his house.
    It's on a declaration of trust that she is on as occupier. My boyfriend is down as the owner.
    She never lived in the house or paid into it does that make difference?

    He has only just told me about the declaration of trust. So very mad right now.
    Originally posted by Cat236
    A declaration of trust will probablt show the proportion of the home or profit that the ex girlfriend owns.
    • Cat236
    • By Cat236 17th Jun 17, 11:16 AM
    • 16 Posts
    • 1 Thanks
    Cat236
    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.
    • GwylimT
    • By GwylimT 17th Jun 17, 11:26 AM
    • 5,691 Posts
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    GwylimT
    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.
    Originally posted by Cat236
    I don't know if they can be challenged, why does not being an occupier have any importance? Why is he an idiot?
    • McKneff
    • By McKneff 17th Jun 17, 11:29 AM
    • 35,337 Posts
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    McKneff
    My other half would only call me an idiot once !!!!!
    No one can make you feel inferior without your consent
    • Cat236
    • By Cat236 17th Jun 17, 11:40 AM
    • 16 Posts
    • 1 Thanks
    Cat236
    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
    • By GwylimT 17th Jun 17, 11:41 AM
    • 5,691 Posts
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    GwylimT
    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
    • By Cat236 17th Jun 17, 11:52 AM
    • 16 Posts
    • 1 Thanks
    Cat236
    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.
    • Penitent
    • By Penitent 17th Jun 17, 11:52 AM
    • 1,069 Posts
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    Penitent
    This is getting silly.

    Instead of calling your other half names, I would suggest:
    1) Get a copy of the declaration on trust.
    2) Read what it actually says.

    Edit: Cross-posted. So you do know what the declaration says. Since the solicitor is (presumably) well-versed in this sort of thing and has the document in front of them, my best advice would be to ask the solicitor if it can be challenged. This forum is good for general advice, but if you want to know if you can challenge this specific document, it's better to ask someone who has read it.
    Last edited by Penitent; 17-06-2017 at 12:00 PM.
    • 00ec25
    • By 00ec25 17th Jun 17, 11:56 AM
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    00ec25
    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
    • By Avocadotoast 17th Jun 17, 11:57 AM
    • 27 Posts
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    Avocadotoast
    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
    • By frugalmacdugal 17th Jun 17, 12:03 PM
    • 5,875 Posts
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    frugalmacdugal
    Hi,

    I need help, my boyfriend and I are buying a house together
    Originally posted by Cat236
    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.
    Y'all take care now.
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