I need to know what Ii need to do with regards to the property I am residing in. The property is in my ex partners name (father of my 2 children) he currently pays the mortgage as maintenance. We purchased the property together where i put down the deposit of £4,000, when we seperated he said i could keep the house, he just wants a percentage when it is sold. There is nothing legally binding this statement from him. I have been in the property 14 years in which he resided for 7years. What do i need to do so that once the mortgage is paid off i will have soul ownership. once I decide to sell he will recieve a percentage of the sale value.

November 27, 2008 by Anonymous

It is certainly important that the position regarding the house is properly established to avoid future difficulties. Probably the best way to do this would be by way of a trust deed. This would involve your former partner in signing a legally binding document in which he declares the beneficial entitlements to the house. Presumably this would be of that he holds the legal estate subject to your right of occupation (either for so long as you wish or until the children leave full-time education) and that on sale the net sale proceeds are divided in agreed percentages. The trust deed would then be registered at HM Land Registry thus protecting your interest and giving certainty the position.

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