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Declaration of Trust

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1 month 1 week ago #514061 by Roxana
Declaration of Trust was created by Roxana
Good morning,
I'm writing whether somebody can advise me how the situation can affect me and what should I do ?
I'm going through separation with my cohabitant at the moment and we are selling our house . We are Tenant in common and we have Transfer Deed with unequal split 70/30 (mine is 70,because I put 25 K as a deposit, his share for deposit was 5K)on our house.
I requested Transfer Deed from my former conveyancer, she sent it to me with note :"...please note no declaration of trust was entered into". What does it mean ?I wouldn't be able to get my 70% after the sale?
Many thanks in advance.

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1 month 1 week ago #514080 by .Charles
Replied by .Charles on topic Declaration of Trust
In the absence of a declaration to the contrary the property is assumed to be held 50:50. Did the conveyancer give advice on how the property was held when it was purchased? They should have written records, particularly if the contributions from you both were unequal.

Charles

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1 month 1 week ago #514086 by Roxana
Replied by Roxana on topic Declaration of Trust
Hello Charles,
Sorry for the late respond.
We have Transfer Deed in which mentioned that we are tenant in common 70/30.
Is it not enough? Is it necessary to have Trust deed?
Thank you in advance.

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1 month 1 week ago #514089 by .Charles
Replied by .Charles on topic Declaration of Trust
Hi. That should be enough to show the agreement between you. Is there a disagreement at present or are you just concerned?

Charles

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1 month 1 week ago #514091 by Roxana
Replied by Roxana on topic Declaration of Trust
Hello Charles,thank you for your respond.
Yes,there is disagreement now,my ex-partener wants to get 50% of everything,including my deposit.(((
In the "Land transfer" we are 70/30 but in the box for the extra notes I wrote amount of ours deposits and that I'm asking to change to 50/50,because my conveyancer said that it is unfair 70/30.
Should I write to my former conveyancer?
Many thanks in advance.

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