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Tenants in common - splitting up but didn't do a trust or will

51 replies

Carandache · 14/03/2023 13:19

My parents gave me a large deposit to pay for the deposit and stamp duty on the house my partner (and father of my 2 kids) bought years ago. At the time, because we weren't married, the solicitor advised that we should hold the property as tenants in common to recognise my parent's gift and to earmark that money for me in the event of separation. We did this - the house is owned as tenants in common. But we didn't take the next steps advised by the solicotor - to do a trust deed and will to set out the terms.

We are now separating. We are still not married. We still have a huge mortgage on the property (we had to get a second mortgage due to his failed business) with 15 years remaining. He is by far the higher earner but we've always paid the mortgage from our joint account.

Do I have a hope in hell of getting the money my parents contributed back if he forces me to sell? I think he wants to buy a house with his girlfriend. I'm pretty sure I know what the answer is but please be gentle on me - I know I was totally stupid not to sort things out properly at the time. Thank you.

OP posts:
Wot23 · 23/08/2025 12:31

MadeInChorley · 15/03/2023 10:48

This. You can get a copy of the TR1 used when you bought the property from the Land Registry. It will cost you a few £ to get. That will evidence what the LR recorded as the ownership structure - as tenants in common or joint tenants.

the LR does not record the % split. LR only records the fact it is TIC, but never records who owns what share (otherwise the LR would need to be updated every time the split changes)

the most the LR will do is enter a "Form A restriction" which means they will not allow the legal ownership to be changed unless more than one person authorises such a change. LR are not responsible for how the money is split

Practice guide 24: private trusts of land - GOV.UK

Practice guide 24: private trusts of land

https://www.gov.uk/government/publications/private-trusts-of-land/practice-guide-24-private-trusts-of-land

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