Does his ex get half his house even she never lived there?

00ec25

Cat236 wrote: »

Not sure exactly. So when he bought the house he lent money off his dad. In the decalartion of trust his dad gets his money back. And then owner and the occupier split the rest. 50/50.

you do not "lent" money off someone, you borrow money off someone (sorry but that's a pet hate)

Per your first post there is no mortgage on the property so there is no need to pay off a mortgage to an external lender before the money is split. However, what you have written does not explain if the father gets back merely the exact sum he loaned or whether he gets back that sum + some of the increased value of the property? (ie has he effectively lost out because he has given his son an interest free loan)

you say the rest gets split 50/50 so, yes, the ex stands to get a lot of "free" money

Cat236 wrote: »

If he has to give her half he won't be able to buy 50/50 I would have to put up more money and I don't know how the rest would work.

i can't see where else you can go with this thread. The declaration of trust has come to the attention of your conveyancing solicitor. The solicitor therefore has a professional duty to ensure that its terms are met. Whether the DoT can be "overturned" is a legal question you will need to ask a lawyer.

You need to wait until Monday and get proper legal advice - if necessary seeking a second opinion from a different lawyer.

Finding the ex so she can either be asked to agree to forgo the DoT entitlement, or to actually pay the money to her, is potentially not that difficult to do as the solicitor will doubtless have contacts with tracing agencies etc who do that sort of thing.

Cat236

I'll definitely get the decalartion that is if we ever get to buy a house

Cat236

The father only gets what he paid into the property. Interest free loan.
When the money was thought to be going to just to my boyfriend we we're going to give extra money to him as a thankyou.
Like I said I just wanted to be a little more prepared as to what will be said on Monday. Friday afternoon was a big shock for me. Thankyou for everyone's thoughts and advise.

ScorpiondeRooftrouser

Is it correct that there is no mortgage? I can't see that in the first post.

Cat236

There is a mortgage. The money he will half is after that is paid off.
Sorry that didn't say, thought I had put all the details.

Red-Squirrel_2

Cat236 wrote: »

I'll definitely get the decalartion that is if we ever get to buy a house

Sorry, but its 'declaration' as in something you declare.

(Don't like to be the spelling police, but wouldn't want you to be embarassed if you pronounced it like that to a solicitor or the ex.)

Cat236

Thanks, typing fast and not reading over what auto correct has done.

Red-Squirrel_2

Cat236 wrote: »

Thanks, typing fast and not reading over what auto correct has done.

Thanks for not being offended! Only mentioned it because it was more than once.

ScorpiondeRooftrouser

Cat236 wrote: »

There is a mortgage. The money he will half is after that is paid off.
Sorry that didn't say, thought I had put all the details.

I assumed there was, it's just that a poster above said there wasn't.

00ec25

ScorpiondeRooftrouser wrote: »

I assumed there was, it's just that a poster above said there wasn't.

that's because the first post says his father went down as lender and so I'd assumed there was no mortgage lender as well. Just another instance of posts which miss out key details and then drip feed them in subsequent ones