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Land registry and different ownerships

11 replies

Blueberrycheesecake1 · 28/04/2020 16:52

Hi all, my partner and I are unmarried. When we bought our house I put in 60% and I still pay 60% towards costs. We told the solicitors this but the land registry doesn't show our ownership, where would it be able to see if this is reflected officially?

OP posts:
Blueberrycheesecake1 · 28/04/2020 16:52

We are tenants in common. Any advice gratefully received! Thank you

OP posts:
HappyHammy · 28/04/2020 16:54

Did you buy with shared ownership documented with the solicitor and mortgage provider if you have one

HappyHammy · 28/04/2020 17:02

Is it stated in your Lease or the Deeds. There is info on the Gov.UK site about where this info is kept.

Blueberrycheesecake1 · 28/04/2020 17:10

Thanks! Couldn't see on land registry where could see the deeds. I'll dig there!

OP posts:
prh47bridge · 28/04/2020 23:23

Unless you and your partner entered into a declaration of trust there won't be anything official to show you own 60% and he owns 40%. It won't be on the deeds.

Collaborate · 29/04/2020 09:12

The court (if there was a dispute) will look at the whole course of dealings between you and the other owner to determine what shares you each have (see the case of Stack v Dowden). If you paid 60% of the deposit and ever since you have paid 60% of the mortgage you can assume that you own 60% of the gross value of the property but will have to repay 60% of the mortgage out of that.

Blueberrycheesecake1 · 29/04/2020 09:45

Thanks, I just thought there would be somewhere you could see what the ownership was, but I can't seem to find that anywhere?

OP posts:
Blueberrycheesecake1 · 29/04/2020 09:46

We bought as tenants in common for this reason

OP posts:
Collaborate · 29/04/2020 12:47

The evidence may be in emails you exchanged at the time, or text messages. What exactly did you say to the solicitor who did the conveyancing? Did they make a record of it? Keep all that evidence safe and secure.

ChasingTheSunshineAlways · 29/04/2020 13:00

OP you need a deed of trust. DH (when he was DP) and I bought our place with an 50/50 split and we have a signed deed of trust which explains what happens if one of dies (is our particular share goes to, his brother or my mum) and what happens if we split up and sell. It was easy and our conveyancing solicitor did it at the same time of purchase.

SeasonFinale · 30/04/2020 15:07

Your conveyancing solicitor may still be holding a Deed of Trust that you had drawn up at the time. That would be the first port of call.

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