Is it easy to register your 50% share of property?

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My partner & I are splitting up. 5 years ago we bought a property together as an investment both putting in half each (this house is currently being rented). At the time of purchase I had just got my divorce through & my half share towards the house came from some inheritance which my sol said my ex could possibly try & claim part of if he knew about it. So we purchased the house outright but only my partners sole name. Hindsight - surely we should have had a document showing my half interest anyway we didn’t so now I need to know how to protect my half share. To make matters worse his ex wife has had the CSA lodge an interest with Land Reg for unpaid maintenance so I guess her interest will come before mine if we sell it. Ugh such a mess, any suggestions from anyone in the profession?

As far as I am aware you don't have a 50% share of the property. by trying to hide assets from your ex you seem to have screwed yourself royally!

You don’t have a legal share! What does the other owner think/say etc?

Are they happy for you to take a 50% share?

I have the bank statement showing my transfer of my half to conveyancing solicitor at time of purchase. My divorce was done but apparently they can come back for up to 2 years & lay claim. My grandmother had left me this sum & my ex husband had walked away & left me with debts in his name that he refused to pay & some in joint which I cleared including an £80k business loan! He never paid a penny in maintenance for our young children either so I was not going to run the risk of him trying to claim any of my dear grandmother’s inheritance. So I think is more a case of inadequate legal advice at the time rather than me trying screw over my ex.

I am very sorry to read this

Your only hope is to talk to your partner and hope that they are prepared to recognise your contribution.

Legally, and if they do not agree, I am afraid that you do not have s leg to stand in. The money you gave protected from the previous ex will very likely stay with this one.

Sorry.

Can I just make sure I understand what you've said? That you purchased a house outright, paid half for it, and it's all in your partners name?

GreenTulips - think you’re right I don’t have a legal share despite my cash investment. Other owner changes his mind depending on how he feels, feeling bitter about the split so one minute he says he will see a sol to complete the paperwork to show what’s rightfully mine then he says he won’t. The property has increased in value by £30k but to tbh I would be happy with what I put in he can use the increase for the CSA charge.

You would have needed a deed of trust, a legal document that outlines that you put X amount in, in the event of you splitting up that you would get X amount back.
I’d get yourself a really good solicitor

The house was bought outright in your partner's sole name. He owns it 100% in the absence of any agreement to the contrary. You are going to have to trust in him to ensure you receive your 50% of the value of the property in the event of selling it.

It isn't a home you live in together so you cannot register an HR1 form (Home Rights) with Land Registry to prevent him selling it without your permission.

Your solicitor was stupid in advising this. If your partner wishes he could sell the house and give you nothing.

In any event when your partner sells, because ownership is entirely his, he will be the one liable for the capital gains tax in a 2nd home. CGT is 28% for higher rate tax payers and 18% for basic rate tax payers (less CGT allowance). If it had been in both your names you would each have received the allowance so cut down on the tax due.

I just hope your partner does the decent thing by you.

www.co-oplegalservices.co.uk/media-centre/articles-may-aug-2017/what-does-a-declaration-of-trust-do/

See deed of trust

You need a decent solicitor. You will hopefully be able to prove your equitable interest in the property.

I honestly think you've got a good case for suing your solicitor if this is the advice they gave you?

You were already divorced so its unlikely he would have been able to claim half of it. Even if he did manage to claim half you would still have the other half! plus your children will benefit from your ex husbands money.

Yes, you've had awful legal advice. I'd seriously consider suing.

It's not my area but I'd think you might be able to claim a constructive trust - basically although there isn't a deed of trust the money going in is a strong indication that you were intended to own a share of the house. At least you have a decent paper trail and presumably your partner has nothing to show that the money was intended as a gift to him. If he won't play nice, you need to see a solicitor.

Yes, stupid or what? To be fair my partner said several times we need to sort it out. The finances with my ex were complicated to say the least & I didn’t see why I should have to bail him out using my money when he left us in such a mess. I worked very hard (practically 24/7) to clear up my/our joint finances after he left & keep a roof over my kids. I received the inheritance £25k when I was finally straightened out but within 2 years of the divorce. My own fault for not taking advice at the time.

Thank you for all your advice, I will contact a good solicitor.