LNRV Posted July 18, 2012 Share Posted July 18, 2012 My friend has been divorced for about 12 years but never got his name taken off the house deeds, she has offered him a sum of money to take his name off but he now is after half of the house. He only paid towards the house for approx 19 months. Does anyone know where she stands? etc? Link to comment Share on other sites More sharing options...
Jeffrey Shaw Posted July 18, 2012 Share Posted July 18, 2012 My friend has been divorced for about 12 years but never got his name taken off the house deeds, she has offered him a sum of money to take his name off but he now is after half of the house. He only paid towards the house for approx 19 months. Does anyone know where she stands? etc? 1. So the legal ownership is joint. 2. Did they hold the beneficial (equitable) interest: a. jointly, in the same way; or b. as 'tenants in common'? 3. How did they fund the original purchase? Did either pay a significant lump sum towards the price? 4. Did they ever enter into a Trust Deed, defining their respective shares in its value? 5. Did the Court make a property-adjustment order in the matrimonial proceedings? 6. Is the house in mortgage? If so, who's been making the payments? Link to comment Share on other sites More sharing options...
curleyburley Posted July 18, 2012 Share Posted July 18, 2012 as joint owner the other party gets half Link to comment Share on other sites More sharing options...
Jeffrey Shaw Posted July 19, 2012 Share Posted July 19, 2012 as joint owner the other party gets half ONLY if the two were trustees for themselves as beneficial tenants in common in equal shares. Link to comment Share on other sites More sharing options...
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