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Help finding documents re house ownership

11 replies

allgrownupnow · 24/02/2024 16:23

I'm hoping the wisdom of MN might be able to help me please.
About 10 years ago I came into some money, now DH and I were not married at the time but I was on maternity leave.
I bought a buy to let, wanted to do it in just my name but couldn't get a mortgage (cos no income) so had to put his name on it too. We bought it at tenants in common, with me having 95%.
We have recently sold the property and need to do the capital gains tax return so need to prove to hmrc the shares. But we can't find anywhere the declaration of trust that spells out the details.

The title deed has an arcane legal phrase which indicates it is owned by tenants in common rather than joint tenants.
Will land registry have the further details about this?
Is there any chance the solicitor will still have files from back then? (Not in emails, was seemingly all done by post)
I have been through my files and obviously sent it off without keeping a copy 🤦‍♀️
There is part of me that is worried I didn't fill it in at all! Is it possible to buy a house without completing this part of the paperwork??

Any suggestions appreciated

OP posts:
fiddlemeg · 24/02/2024 16:27

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fiddlemeg · 24/02/2024 16:27

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MinnieMountain · 24/02/2024 16:28

Did you definitely sign a separate declaration of trust as well? Those aren’t typically sent to the Land Registry.

fiddlemeg · 24/02/2024 16:29

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Barton10 · 24/02/2024 16:30

The Land Registry won’t have a copy but the solicitor should if they prepared it. The original also may be with them.

allgrownupnow · 24/02/2024 16:49

Thanks everyone. I will get on to the solicitor on Monday and hope they still have it.
Is it possible that we may not have done it? Can you buy a house without completing the form that sets out terms of ownership?
I am scared that I might not have done it in the baby sleepless haze, and if so this will be very expensive tax wise 😬

OP posts:
allgrownupnow · 24/02/2024 16:51

@MinnieMountain that's what I am now doubting!
Have always believed that we signed something to say we're are tenants in common with shares of 95/5. But now that I need it and can't find it am getting scared that it might not exist, but don't know if that is possible iyswim

OP posts:
MinnieMountain · 24/02/2024 18:30

If you only said what shares you own, it will be on the Transfer document which the Land Registry might have. If it was anything more complicated that needs a separate document which the Land Registry is highly unlikely to have.

allgrownupnow · 24/02/2024 18:57

Ok, thanks @MinnieMountain
We will probably have done whatever was the basic document to set up tenants in common - declaration of trust or deed of trust I think it's called.
Appreciate your advice, will try land registry too

OP posts:
DisorganisedMummyTurningOrgnaised · 28/06/2024 23:13

Hey @allgrownupnow, I know this is an old thread but I’m sort of in the same situation. I own my house as tenants in common, but have no idea what my share is. How did you find out?

allgrownupnow · 30/06/2024 00:00

@DisorganisedMummyTurningOrgnaised
My solicitors kindly searched their archived paper and digital files, and found nothing.
There was one email exchange where we talked about doing the form when we got back from a holiday...
Seems we bought the house without actually completing all the 'necessary' paperwork
So my advice is to try the solicitors you did your purchase through and hope that they/you were more on the ball than us! Good luck

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