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Declaration of Trust

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  • Declaration of Trust

    Please help….. I bought a property with a family member and now he wants to sell. The declaration of trust states it is to provide a home to me and when this purpose no longer exists it should be sold. I still reside in the property with my 3 children. Can he force a sale??
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  • #2


    A worrying situation for you.

    Without sight of the wording of the declaration it is difficult to comment with any certainty.
    Is the property registered in the name of a trust, or you alone, or you and the family member

    However, assuming you are both named on the proprietorship register with Land Registry, you are both Legal owners of the property. If you are solely resident in the property with your children, you are the beneficial owner.
    It is most unlikely that a court would order sale of the property whilst you are living there with children.

    Perhaps you should obtain a single fixed fee (or free) consultation with a solicitor to confirm the position

    Good luck

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