We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Lost declaration of trust?
Options
accountant6703
Posts: 1 Newbie
Hi, currently trying to sell a property which I own with my ex-girlfriend and it is starting to get a bit messy - was hoping someone would be able to give me some advice.
We bought the property for £150,00 in 2005. I paid £25,000 deposit and she paid for all of our furniture, and for the stamp duty / solicitors fees. It has now been valued at £185,000 and is up for sale. I'd like to buy her half from her but not sure how much she is legally entitled to. Everything has been split 50:50 since the purchase.
A mistake on the leese means that it is unclear whether we are tenants in common or joint tenants (as advised by my solicitor).
There is now a dispute as to how the property is owned. I believe that a declaration of trust was drawn up when we purchased the property (regarding the deposit) but this now appears to have gone missing. I have checked and there is not a copy with the land registry. Does anyone know if the solicitors who dealt with the case will have a copy of the agreement, and how I will stand if they don't. I was hoping to get my deposit returned but don't think I'll be able to without the agreement? I remember they sent us the original copy but now can't find it!
The property is currently rented out (which covers the mortgage). I was thinking of moving back in but wasn't sure how we would stand legally in terms of the mortgage payments. Would she still have to pay her half if I move back in?
Thank you in advance. Feeling very stressed and any help will be much appreciated!!
We bought the property for £150,00 in 2005. I paid £25,000 deposit and she paid for all of our furniture, and for the stamp duty / solicitors fees. It has now been valued at £185,000 and is up for sale. I'd like to buy her half from her but not sure how much she is legally entitled to. Everything has been split 50:50 since the purchase.
A mistake on the leese means that it is unclear whether we are tenants in common or joint tenants (as advised by my solicitor).
There is now a dispute as to how the property is owned. I believe that a declaration of trust was drawn up when we purchased the property (regarding the deposit) but this now appears to have gone missing. I have checked and there is not a copy with the land registry. Does anyone know if the solicitors who dealt with the case will have a copy of the agreement, and how I will stand if they don't. I was hoping to get my deposit returned but don't think I'll be able to without the agreement? I remember they sent us the original copy but now can't find it!
The property is currently rented out (which covers the mortgage). I was thinking of moving back in but wasn't sure how we would stand legally in terms of the mortgage payments. Would she still have to pay her half if I move back in?
Thank you in advance. Feeling very stressed and any help will be much appreciated!!
0
Comments
-
Ring them and ask.
Sell it. Don't keep the shared memorys AND less arguing over house much it's worth.0 -
Most solicitors will keep their files for much longer than 5 years, but you may have to pay for the files to be retrieved from storage. And for their time, of course.No reliance should be placed on the above! Absolutely none, do you hear?0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 350.8K Banking & Borrowing
- 253.1K Reduce Debt & Boost Income
- 453.5K Spending & Discounts
- 243.8K Work, Benefits & Business
- 598.7K Mortgages, Homes & Bills
- 176.8K Life & Family
- 257.1K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 37.6K Read-Only Boards