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Sister remortgaged house given money to partner

7 replies

Christmasfollies · 02/12/2018 13:48

Feeling so worried, just found out my very trusting sister didn't put the buy to let she bought with her partner into joint names. Unbelievably it is just in his name. They own a house together which they remortgaged to pay for it. It gets worse the house they share she put at least 75% of the money to as a deposit from the sale of her house. I don't know exactly how much they've taken out he house to buy the new property but I fear its a lot. I don't trust her partner one bit, he's cheated on her but she has forgiven him. I'm sure he will leave her, or if she woke up and left him is there anyway she can get this money back?

OP posts:
notapizzaeater · 02/12/2018 13:51

Is she married to him?

Christmasfollies · 02/12/2018 14:37

No unfortunately not, she's just so trusting. I just don't understand why she didn't protect her money she paid for the first house but then to take it out and put it in a property not in her name. It does so reckless. They don't have any kids either I don't know what difference that would make.

OP posts:
NotANotMan · 02/12/2018 14:39

Well she's just given him £100000s as a gift then hasn't she? Why is she so naive?

Collaborate · 02/12/2018 15:10

@Notanotman No she hasn’t.

OP - tell your sister that she’s most likely got an interest in the property under a resulting or constructive trust. In fact her investment is probably worth more than if it had been put in to joint names in equal shares. She’s most likely going to need to take or threaten court proceedings to realise that interest if they separate, for which she’d need to get lawyered up.

Christmasfollies · 02/12/2018 16:24

Collaborate, thanks I cried with relief when I read your post. I will talk to her about it. I think the fact she has told me is a sign about how worried she is herself. He's really destroyed her confidence and self worth. Is there any time limits on her perusing this action?

OP posts:
RedHelenB · 02/12/2018 19:12

She needs to insist her name is put on it, it's not too late.

Collaborate · 02/12/2018 23:45

She needs to insist her name is put on it, it's not too late.

She should be very cautious about doing this. If she puts it in to both names then she will have to specify whether the shares are equal or not. It seems to me that if they separate today and she has to take him to court she'd get back her 75% of the deposit and half of the balance. If she has had it put in to joint names with equal shares she'll only get back half.

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