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how do i dissolve declaration of trust?

  • bunnygirllondon
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03 Apr 12 #321452 by bunnygirllondon
Topic started by bunnygirllondon
Hi
I have a declaration of trust registered with the land registry, giving me 80% and partner 20%
We are now splitting up and I want to buy him out and dissolve the declaration of trust so I own the house on my own.
I am able to afford the mortgage but I do not know how to proceed.
The house is worth slightly less than we paid for it 5 years ago, but I would still own 60% of equity after buying him out.
Do I use a conveyancing solicitor? I tried one company but they didnt know what they were doing and my new mortgage application was refused as there was a declaration of trust! But I had asked them to assist me in dissolving it in the first place.
Is this very complicated or was I just unlucky with the solicitors?
Any advice gratefully recieved!

  • .Charles
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04 Apr 12 #321546 by .Charles
Reply from .Charles
It sounds as though you were unlucky. I would have thought that your mortgage application would explain that you intend to purchase the co-owners interest and extinguish the trust deed. The mortgage lender would then realise the position i.e. that you were the sole beneficial owner.

Perhaps your financial adviser (or mortgage lender if you approached them directly) did not complete your application with enough detail?

Charles

  • TBagpuss
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04 Apr 12 #321601 by TBagpuss
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Charles is right, it sounds as though you''ve been a bit unlucky.

Have you agreed with your ex-partner how much is needed to buy him out? Presumably you are applying for a mortgaeg which will cover this + existing mortgage

If you have a letter from him confirming that he will transfer the property into your sole name upon payment of the lump sum you can include this in your mortgage application.

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04 Apr 12 #321680 by bunnygirllondon
Reply from bunnygirllondon
Thankyou, will try again! I have the savings to buy him out so the mortgage would be for the same amount. And he has agreed (verbally) to the buy-out so hopefully I will have better luck next time!

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