Unsigned Trust Deed

My ex-partner and I have lived together in the same property for more than 30 years. The property, as well as all utility and other bills, standing orders and direct debits have always been in my sole name, paid from my bank account. The house was bought outright, so no mortgage, and his parents contributed towards the purchase price (as he had none of his own money, I had sold my previous home) At the time of purchase a trust deed was drawn up by the conveyancing solicitors, which stated that I would hold any share of his in the property in trust. I was unaware of the deed being initiated (I believe it must have been a the solicitors suggestion). The Trust Deed was NEVER signed by either of us, and was more or less forgotten about. The trust also states that we would be jointly responsible for all bills and running costs of the house, but as he wasn't in regular employment for around the first 17 years of living together, and had sporadic work after that, these and general living costs were mainly met by me. We subsequently had two children, both of whom still live here. We never married, got engaged, or had any sort of cohabitation or other agreement between us. Our relationship has broken down, and he feels half of our home (which our children still live in as their only home) should be given to him. I’d really like to find out in general, where I stand legally, if anyone can help? Thank you.

He (at least via his parents) contributed towards the purchase and presumably both your names are on the deeds?

How old are the children?

Hi, thanks for your reply & sorry for the delay in replying - I'm very new to this. No, the deeds and everything associated with the house are all in my sole name. I have been responsible for all the bills, repairs, decorating, purchase of major goods like washing machines etc. He has always had a low income, and has mainly spent what he has on his hobby. There is a lot that has happened over the years, but my main concern is that he will force a sale, or make our children (both in their 20's and always having lived here) use their savings to buy him out. The deed was a surprise to me, I don't even really remember going to the solicitor's office at all during the buying process and certainly don't think it was discussed with me. Also, he is due an extremely large inheritance within the next few months (his second in recent years) that would easily buy him a house bigger than this one, and I have absolutely no interest in that at all. Thanks in advance for any insight you can give!

I just want to add that the house is nothing special, not in an affluent area at all, and not worth a massive amount, but is convenient for work travel, shops etc. and it's my and my sons home, and we are settled here. Thank you.

I'm posting this again as I really don't know if the original reply has been posted correctly. Sincere apologies if it has reached you twice.

Hi, thanks for your reply & sorry for the delay in replying - I'm very new to this. No, the deeds and everything associated with the house are all in my sole name. I have been responsible for all the bills, repairs, decorating, purchase of major goods like washing machines etc. He has always had a low income, and has mainly spent what he has on his hobby. There is a lot that has happened over the years, but my main concern is that he will force a sale, or make our children (both in their 20's and always having lived here) use their savings to buy him out. The deed was a surprise to me, I don't even really remember going to the solicitor's office at all during the buying process and certainly don't think it was discussed with me. Also, he is due an extremely large inheritance within the next few months (his second in recent years) that would easily buy him a house bigger than this one, and I have absolutely no interest in that at all. Thanks in advance for any insight you can give!

if the house is in your sole name, he would need to bring a case for beneficial interest and cite the trust deed. Even if it is unsigned it would probably carry some weight as it shows clear intentions. You would have to argue it was not discussed or agreed by you. The fact you have paid all bills may be of some relevance as would the fact his parents contributed funds on his behalf. TOLATA cases can be tricky and there is a costs risk - the loser pays all the costs - so you really need to take legal advice from a solicitor who is an expert in property law if he does decide to take legal action.

Hadenoughnow

Thank you for your reply. I think I'll have to go ahead and speak to a solicitor as it's complicated. Thanks for you time in helping.