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house deeds

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tt9 | 13:38 Fri 29th Oct 2004 | Business & Finance
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if you have been added to a set of deeds and added to a mortgage but the person who is the joint owner has been living there and paying the mortgage for say twenty years what happens when you both agree to sell and the equity is released to us , am i entitled to any or not , the name of the process we did was called "a transfer of equity" or so the mortgage man explained

 

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As a matter of law the legal ownership of the property is not concluive as to who is entitled to the beneficial or equitable interests in the property. The questions to be asked are: 1 what was agreed at the outset? 2 what is fair and reasonable? The best approach is to agree everything at the start and set it out in writing in a decalaration of trust. Your solicitor should be able to deal with this, and it should cover all the "what ifs" that you can imagine. Faillure to agree matters at the start may make for a dispute later, and cases like this often trouble the courts, much to the joy of the lawyers, and the impoverishment of the parties. I assume from your question no deed of trust was written. There is no Yes/No answer to your question, and you should consult your own solicitor

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