• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Clarification of Tenants In Common Of Equal Shares

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Clarification of Tenants In Common Of Equal Shares

    Hi all.

    A little bit of background. My ex partner bought a property in cash (there is no mortgage) a few years ago and he put both our names on the deed. I am looking at the deed and there are three options:
    • they are to hold the property on trust for themselves as joint tenants
    • they are to hold the property on trust for themselves as tenants in common in equal shares
    • they are to hold the property on trust: [in some other way]
    The second option (tenants in common in equal shares) has been ticked.

    I have a few questions:

    - Regardless of the fact he paid for the property, is this deed legally binding and am I entitled to half of the sale proceeds, since I own it in equal shares with him, 50/50?

    - Would there be another document which I have not seen stipulating some kind of terms and conditions. For example: if the property sells he gets all of the money he invested back? I am guessing if there were terms such as that then the third option would have been ticked (Hold the property on trust in some other way) with an additional document outlining the terms? I called the land registry office and they said there were no documents like that on file but maybe a solicitor would have it if it exists?

    - And lastly, could he fight to get all of the sales proceeds and what is the likelihood he would win? Where do I stand from a legal standpoint on this?

    Tags: None

  • #2
    The second option (tenants in common in equal shares) has been ticked.
    That would certainly be indicative of the intention to have a 50:50 ownership by way of a tenancy in common.
    Would there be another document which I have not seen stipulating some kind of terms and conditions
    There doesn't have to be but it would assist if there had been.
    And lastly, could he fight to get all of the sales proceeds and what is the likelihood he would win? Where do I stand from a legal standpoint on this?
    He could try and fight it but the general principal is not to interfere if the court were to decide that that it was intended to be split in that way.

    You need to speak with a solicitor who is experienced in property matters.

    Comment


    • #3
      Thank you. I'll be contacting a solicitor this week.

      Comment

      View our Terms and Conditions

      LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

      If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


      If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
      Working...
      X