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Refusal to sign a deed of trust

  • humprey1
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11 Oct 11 #292044 by humprey1
Topic started by humprey1
I bought a flat with a partner last year. I put the deposit down (50% of value) by taking a loan against my house in Australia (nb I also have a Greek passport) . My friend has his sole name on the title of the property as he took out a maximum mortgage against his salary and this was the only way for him to get the loan. I had to gift the money to him. This arrangement was done as we always intended to have a legal document to protect my interests.

I became ill in January with a serious illness and was not able to focus on the legal aspect of the property. I am now a little better but suffering from stress as a result of this. I now have shingles as result of this stress.

I had a deed of trust ( that was to be registered with the land registry) drawn up by a solicitor that states that I own 50% of the property and that when sold I would get 50% of the value back. My friend is now refusing to sign the deed. What can I do? Please note I am now living in the flat and looking for work in the UK.

  • TBagpuss
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13 Oct 11 #292397 by TBagpuss
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If your partner refuses to sign the eed then you would need to look at applying to the court for a declaration of owndership. If it got that far, the court would hear evidence from each of you. Presumably you would be able to provide evidence of how the money was raised.

Has your partner given any reason fornot signing the deed? Ids he now claiming that the moeny was a no-strings gift or is he simply dragging his feet.

Was there any record of your intentions (e.g joint discussions with a solicitor?)

If he is simply being awkward then a solicitors leter threatening to apply to court (and seek costs agaisnt him) may do the trick, although if this is how he is acting you may want to consider whether you want to push forthe hoseu to be sold, rather than continuing to own proerty with, or live with, someone who would treat you in this way.

you do however need to act sooner rather than later to get this sorted out.

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