To ask this of solicitor?

[MrsRonniePickering]

Basically DP and I moved into our house together 3 years ago. The house was bought soley in his name. I am not named on the deeds or mortgage.

Yes, I was stupid.

Anyway the time has come to protect my interest in the house so on Thursday we are going to solicitor to ask for a tenants in common to be drawn up with the following Info -

He put £21k into the deposit.
I put £2k into the deposit.

Since then, £3k has been paid off the mortgage as we want this (and further payments) split 50/50 between us.

I also want protecting against:-

Him selling the house without my consent.
If anything happens to him, the house being left to a 3rd party without my consent (although I realise he can leave his share to someone else but I'm assuming if I also have a share, that person would need to buy me out to own the house completely? therefore I couldn't just be kicked out?
If we split up - either the house gets sold and the shares given back to each of us or again, one (he) buys the other (me) out.

Does all this sound reasonable and realistic? He's happy with it - but he's dealt with the solicitor before so I'm paranoid the solicitor will act in his best interest rather than be unbiased

I think you might have to pay stamp duty if you want your name on the deeds?

I'd ask in the 'legal' section if I were you then you'll get rid of all the uninformed people like me

It does OP. You'll need your wills to reflect the situation too. Of course nobody can force you to sell the house if you're a joint owner. I take it you're going on the mortgage too?
The solicitor can only act in the best interest of one of you, so will advise you to have everything checked by your own solicitor.

I'm also totally uninformed, but maybe make clear whether on selling you want any profits on the house (due to the market rising rather than just paying off the mortgage) split 50/50 or at another ratio to reflect the fact he paid in a much bigger amount to the deposit? If that makes sense at all??

If you are tenants in common rather than joint tenants as it sounds like you want to be, it will say on the register the % share you each hold on the property. Neither of you will be able to sell without the other's consent and any sale proceeds will be split in proportion to the % shares noted on the register. If one of you dies, that person's share will pass to their estate and will be passed on according to that person's will. If you want it to pass to each other in the event of death you need wills drawn up reflecting this.

I think if you are at all concerned about the solicitor you should use a different one.

Solicitors have a duty to act in the best interests of their client. If the solicitor feels that his duty to your DP conflicts with his potential duty to you then he should say so and should refuse to act. If he acted in a situation of a conflict of interest it would be a breach of the rules. If you are concerned though you can definitely ask him what consideration he has made of the possibility of a conflict of interest. If you are still concerned then pick a new solicitor that hasn't acted for either of you before, that way there shouldn't be a conflict.

Whatever happens the solicitor will want one of you to be separately advised because that is a basic professional requirement, to ensure that there is no suggestion that you, for instance, are going along with this because you are being pressurised or deceived by your DP.