Shares in a home

LWill

Hi all, apologies or please let me know if this is best posted elsewhere on the forum.

My partner and myself purchased our house in 2012 and at the time contributed unequal amounts for the deposit.

I recently contacted the conveyancing solicitor, to check how this was recorded, as we were not given a copy at the time. I have received the attached.

What I wanted to try and ascertain is what kind of document this is and how effective it would be legally if there was ever a dispute over ownership of the property or our contribution / share in.

Also, as we had to pay to retrieve our file, is there any other documents that it would be good to request a copy of? I asked the solicitor what other documents were in the file and the answer was:

'We have the whole purchase file with all the communications on it and the searches (which you had copied of as part of the purchase process). '

Many thanks in advance,

Will 

p00hsticks

Assuming that the conveyancer followed what you specified there, then your legal ownership of the property will have been recorded at the Land Registry as being held as tenants in common with unequal shares (59%/41%). 

You can check the details of the title held by the LR for £3 here (this is the official site - beware of copycats that will charge extra)
Search for land and property information - GOV.UK (www.gov.uk)

If the ownership has been registered as tenants-in-common rather than joint ownership there is usually a restriction noted in Section B of the title.  I'm not familiar with how they indicate the unequal percentages though....

Keep_pedalling

p00hsticks said:

Assuming that the conveyancer followed what you specified there, then your legal ownership of the property will have been recorded at the Land Registry as being held as tenants in common with unequal shares (59%/41%). 

You can check the details of the title held by the LR for £3 here (this is the official site - beware of copycats that will charge extra)
Search for land and property information - GOV.UK (www.gov.uk)

If the ownership has been registered as tenants-in-common rather than joint ownership there is usually a restriction noted in Section B of the title.  I'm not familiar with how they indicate the unequal percentages though....

I am pretty sure the LR do not show the share of ownership that is normally done with a deed of trust Which is pointed out on the OP’s document.

LWill

Yes, I have the 'Title register' from LR but it does not show a share of ownership. (I'm not sure if this means they would not have a record of? ) It does have the restriction in Section B: ' No disposition by a sole proprietor..' which I understand shows Tenants in Common..

Is there other documents that would be good to get from the conveyancing solicitor, now that I have paid them to retrieve our file and does anyone know if the above, that I have pictured, is a particular kind of document or just a record by the conveyancing solicitor, to record the unequal contribution to the deposit and the tenancy in common?

As mentioned, I am just trying to understand if this record would be enough if ever there was a dispute.

Thanks again!

Will

Keep_pedalling

LWill said:

Yes, I have the 'Title register' from LR but it does not show a share of ownership. (I'm not sure if this means they would not have a record of? ) It does have the restriction in Section B: ' No disposition by a sole proprietor..' which I understand shows Tenants in Common..

Is there other documents that would be good to get from the conveyancing solicitor, now that I have paid them to retrieve our file and does anyone know if the above, that I have pictured, is a particular kind of document or just a record by the conveyancing solicitor, to record the unequal contribution to the deposit and the tenancy in common?

As mentioned, I am just trying to understand if this record would be enough if ever there was a dispute.

Thanks again!

Will

The form does say that this is normally set out in a deed of trust and at the end asks if you would like to discuss setting up a deed of trusts which presumably you did not do. Without the deed of trust it is going to be difficult to prove the split and if you are in disagreement then you could be looking at the courts to resolve.

if you are both in agreement there is no reason why you could not complete a DoT now.

LWill

Thanks Keep_pedalling, it was more just if a DoT was an unnecessary hassle and cost if this record would 'do the job' but I do understand your point that if there was a dispute then this probably wouldn't be enough.

Will

Keep_pedalling

LWill said:

Thanks Keep_pedalling, it was more just if a DoT was an unnecessary hassle and cost if this record would 'do the job' but I do understand your point that if there was a dispute then this probably wouldn't be enough.

Will

A DoT is quite a simple one page document that would not be expensive to have drawn up, you could even DIY one using a suitable template.