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Tenants in Common

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Comments

  • susieq87
    susieq87 Posts: 200 Forumite
    honestly i do not see how he could that considering you put in £70k of YOUR money in. you put in your money and agreed to do this TOGETHER and the moment mummy throws a fit he dupes you out of your money. i dont care if he is a mummy's boy, lacks a back bone or whatever he is not a nice person!
    this change of will or not putting your name on the agreement was not because he was giving it to you as a gift; its because your money went into it too! i hate when money messes up happy homes but this will tip me over the edge. i will be contacting judge judy to either get my money back or getting on the agreement because that is straight thievery.
    your fiance is not a nice person! im sorry to say that but thats a lot of money.
    Don't sweat the small stuff
  • FBaby
    FBaby Posts: 18,374 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    OP, Do you really believe that he changed his will supposedly under pressure from his mum so had no choice but to do so, yet somehow, he will confront his mum and marry you despite her wishes (as I wouldn't assume she is happy at the prospect of him marrying you).

    He gets angry each time you mention protecting your interests? Have you questioned why that might be ?

    I think you need to seriously open your eyes and start making demands. Either he books an appointment to change his will/the deeds on the house, or you will do it for him. And if he kicks a fuss about it, tell him you're on your way to your own solicitor to file a claim against him.

    Honestly, I am gobsmacked that you can be put in this situation and yet somehow you don't seem to see how wrong it is. How badly has he affected your self-esteem and confidence?
  • Land_Registry
    Land_Registry Posts: 6,213 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    edited 5 June 2014 at 8:43AM
    vodkashot wrote: »
    Contact a solicitor and ask them to make an application to enter a restriction on the title of the property. This would be on the basis that you have a beneficial interest in the property ie you spent £70K to purchase it.

    The land registry will notify the legal owner and they can dispute this which obviously might cause you more problems with your partner.

    If you do marry and live in the property, then you can register your matrimonial homes rights against the title to protect your interest.

    Please go and get some legal advice before marrying him.

    The important thing to perhaps consider here is whether your partner is amenable to you registering an interest or not. I am assuming he is the sole registered proprietor of course and neither you or his Mother are registered with him.

    If he is then there are probably a number of ways you could protect your interest from his transferring the property into your joint names, agreeing to the registration of a restriction or charge in your favour and so on

    However, if he won't then things can be harder to achieve. vodkashot refers to registering a restriction and section 4.4.3 of our online guidance sets out how this can happen where the relevant owner does not consent.

    The rights of occupation aspect would as mentioned arise after you were married - there is again online guidance available on this

    However, before taking either option I would again emphasise the need to obtain legal advice. Whilst you may have a valid interest in the property you may find that you need to take legal action to obtain a court order to prove that point and then secure that interest in some way on the registered title.

    It would also be wise to check what impact registering such an interest would have to ensure that it achieves what you want.

    Finally, I note you have entitled the post as Tenants in Common. I assume this relates to the original issue around the intended Trust Deed between the three of you whereby the Deed would be created and it's existence reflected on the registered title.
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
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