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Legal matters

Declaration of Trust

3 replies

geekygiraffe · 21/07/2010 15:16

My fiance and I bought a house last Aug. We split the mortgage 50/50, but got a Dec of Trust as he paid 75% of the deposit. Over the last year, I've paid him back, meaning the split of the deposit amount should be 50/50 on sale of the house.
My question is... do we just destroy the Dec of Trust? Or do we need some record of this with the solicitor?
Don't anticipate us breaking up, but I'd like this sorted.
Thanks : )

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irises · 21/07/2010 17:40

The deed of trust will probably have been registered at the land registry, so it's not as simple as tearing up the physical document.

You need to call the conveyancer who dealt with the matter. Your file will have been archived but they'll be able to access it and let you know.

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Thistledew · 21/07/2010 17:46

You will need to speak to your conveyancer and get a new Deed of Trust drawn up. Just because the document no longer exists, does not mean that the legal obligation vanishes.

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geekygiraffe · 22/07/2010 12:01

Thanks for the advice - just phoned the solicitor again. Really cross their first piece of advice was 'Just shred it'. Then again, they were crap at the conveyancing, too! Thanks again.

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