Ex partner's claim on selling a house

[manifique]

Hi,

My partner has an issue with an ex who she lived with (never married) they had kids and now the youngest will be 18 shortly and he will no doubt ask for the house to be sold.
Her ex's name is on the house, however he never paid a penny towards the mortgage or bills, left her in debt, never paid a single pound in child maintenance.
My partner has a trust deed which is for all the money she put down on the house, but has been told this might not be worth anything or expired, which seems odd.

What rights has she got, re the deed and how much would he legally be entitled to considering he's contributed nothing at all?

Also what would be the best course of action to take (any recommendations) as the youngest reaches 18 in April and could he force the house to be sold?

Not sure what section this goes in but would appreciate any help, Thanks for any help.

[ULA]

Tag Celestine

[atticus]

The lady needs to take legal advice on her rights and how to enforce them.

You do not say, but I guess she is living in the house.

Who said the trust deed might be worthless? I disagree, very strongly.

[manifique]

Hi, thanks for the reply.

Yes she still lives there.

She was told by a solicitor that the deed may have expired which seems a bit odd and it's quite a substantial amount.

[atticus]

Does the trust deed contain any words that suggest that it may only apply for a limited period or until a date that has now passed?

[manifique]

I'm pretty sure it doesn't will double check. If it doesn't does that mean that it definitely doesn't expire.

Also she did enquire about legal advise. What's a fair price per hour and or consultation, roughly?

[atticus]

The lady should ask people she trusts for recommendations of solicitors in her area, and contact them to discuss fees. Given what appears to be at stake, some expenditure on good advice would appear to be a worthwhile investment.

[manifique]

Thanks for your advice. Ordinarily does a trust deed without an expiry last indefinitely. Tha is again

[atticus]

Ordinarily ... until the purpose of the trust is complete e.g. on sale of property and division of the sale proceeds.

[Celestine]

The only possibility is if the ex is trying to say having the kids together voided the Trust Deed. Other reasons could be around coercion and undue influence, but I struggle to see how a resident mother could be accused of such conduct.
The ex would have to bring a TOLATA claim in the court to challenge the deed. If the house is to be sold, the conveyancing solicitor will distribute residual equity according to the deed as is, unless the ex makes an application - which will take time and money.
Unsure why a solicitor would say it may have expired, it's secured on the property and if you look at land registry, it will appear as a key document dictating the ownership.
Solicitors cost between £200-£400 p/h for general advice. This kind of issue would not be suitable for a fixed fee as it can get complex.
best of luck
c