Re: Really Upset - Need Help - Feel Conned

newbie2009

Hi there,

I bought a house with my partner but as I had a bad credit rating he got the mortgage in his name and I lent the deposit. Therefore I own 2 3rds. We drew up a declaration of trust and his soliciotr agreed my name to be on the land regsitry as a noted interest.

Now his solicitor is saying they wish to remove it so quite simply all it shows is that i own 2/3rds and that's about it..nothing else.

My solicitor advised the following " you will recall a note was to be registered at the Land REgistry which would put everyone on notice you have an interest in the property and also you have to give you consent to any re-mortgage, new mortgage or sale
his solicitor has asked that this be changed so that your consent is not required if he wishes to re-mortgage for no more than the current mortgage.
I do not wish to be difficult or cause friction between you and him but I do not think it wise to change the wording as was agreed. As explained to the solicitor if you are a "couple" when he
wishes to remortgage you will probably give your consent
If you are not a "couple" then you would want to have some sort of control over what was going on to make sure you were paid your share, if that is want you want at the time.

I'm not the greatest tool in the tool shed but im starting to feel a bit used.

Can anyone help?

Nixxx

Not really an expert but i don't think you should change it. I think you want to have a choice in what happens.

Has this happened already? If not, i would recommend you request that the details remain the same.

Have you asked your boyfriend why he wants to change it?

newbie2009

no i've just left a message with him as at work, but feel slightly shafted. Where do i stand as the declaration hasn't been signed as we can't agree? thing is as my partner i thought it should be like for like, unsure why he now wishes to change, unless he was just after my money? fell like a tennant in my own home

AMILLIONDOLLARS

DO NOT CHANGE IT!!!!!

If he re-mortgaged and could not pay back that sum of money, the BS or bank may possibly have FIRST access to the money if the house was repossessed. DO NOT BE PRESSURED INTO SIGNING IT EITHER. If he loves you he'll abide by your decision. IF HE SAYS IF YOU LOVE ME YOU WILL, your answer should I LOVE MYSELF ENOUGH NOT TO GIVE AWAY THE ROOF OVER MY HEAD.

The fact that he has gone behind your back in the first place gives me cause for concern. ITS YOUR MONEY LOOK AFTER IT!!!


AMD

SelenaLouise

Did he go to his solicitor without speaking to you first?

That seems really odd. I wouldnt change a thing. Why is he doing this, for what purpose?

Nixxx

If you own 2/3rds then i think its only fair that the declaration of trust should make sure that you get 2/3rds back if the house is sold or if you break up for some reason.

Remortgaging for the maximum of the mortgage would not necessarily reflect the 1/3rd he is entitled to especially as house prices fluctuate. For example if the house you bought was £150k and you put up £100k with a mortgage of £50k, lets assume that the house falls in value and is now worth £100k then he would be entitled to remortgage up to £50k which is now half the property.

Doesn't sound logical to me.

I think you should follow your solicitors advice. Check with the land registry if your name is already a noted interest and they are now trying to change it.

I think you need to speak to each other face to face and explain your concerns. The deed of trust is to secure your personal future if circumstances change so please make sure you follow your OWN conscience.

Nixxx

Sorry i just have to add that i don't see how the change they are proposing will benefit you in anyway.

Please do not change it!!

epsilondraconis

Can I be a fly on the wall in your house tonight when you both get home and you ask him to explain what the f**k he is doing and who he thinks he is!

Good luck.

newbie2009

More than welcome to come round but just found out whats worse is that his solicitor has advised him that my solicitor is out for the money!!! the cheek! me thinks maybe his solicitor is?!

Nixxx

I don't understand why you have separate solicitors. All my friends that have deed of trust have used the same solicitor to falicitate something that they had both agreed on.

I think you both should have a proper chat and get a solicitor to draw up something that you have both agreed beforehand...full stop

mlz1413

I'm really sorry but I don't understand the basics - your partner is talking to you through a solicitor and you live together??!!??

If the above is right I'd sell up now at 2/3 to you 1/3 to him and tell him to find someone with stupid tattooed on their forehead. Sorry to be blunt but this is not normal nor should you accept any excuse especially 'solicitors being out for money' solicitors work under client instruction and charge fees for the work.