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Declaration of trust

Can I/we get one after buying a house?

(i.e. to say I put in £X deposit that I will get back, the rest will be split 50:50)

Thanks

Comments

  • amnblog
    amnblog Posts: 12,737 Forumite
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    a question for your solicitor.
    I am a Mortgage Broker

    You should note that this site doesn't check my status as a Mortgage Broker, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • kingstreet
    kingstreet Posts: 39,284 Forumite
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    Did you purchase the property as tenants in common in the first place?

    If not, you'll have to have the joint tenancy severed first, then do a deed of trust.

    Are you sure the other owner will agree to this? Who would you want to inherit your share of the property on death, as this is also impacted by a change to tenants in common and will make writing a will essential?
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.
  • jorgelopez
    jorgelopez Posts: 10 Forumite
    In some cases that is turned over when you somehow completed your equity and other financial obligations within the developer.
  • kingstreet
    kingstreet Posts: 39,284 Forumite
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    Spam ahoy, jorge!
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.
  • laughingboy
    laughingboy Posts: 382 Forumite
    kingstreet wrote: »
    Did you purchase the property as tenants in common in the first place?

    If not, you'll have to have the joint tenancy severed first, then do a deed of trust.

    Are you sure the other owner will agree to this? Who would you want to inherit your share of the property on death, as this is also impacted by a change to tenants in common and will make writing a will essential?

    Yes.

    All I would like is to get my deposit back then 50:50 everything after - I assume something like this is not out of the ordinary?

    I think she will, I'll just have to see.

    If I were to ask the solicitor, could I ask them not to tell 'her' until I have spoken to her?
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    You need to document all exit senarioes and what happens with each.

    deaths, one wants to leave, can't pay, won't pay etc.


    if you pay the mortgage 50:50 and plan to split equity 50:50 then the you get you deposit back is the equivilent of an interest free loan to the other person for 1/2 the deposit.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
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    Can I/we get one after buying a house?

    (i.e. to say I put in £X deposit that I will get back, the rest will be split 50:50)

    Thanks

    Of course very sensible.

    You'll need to obtain independent advice as a solicitor cannot advise both of you.
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