• Is My Brothers 50% Deposit Protected After Signing A Deed Of Trust Which States He Will Only Own 25% Share Of The Property?

    By Guest on 27th Jan 2020

    My brother purchased a property with his girlfriend approx 17 years ago. They both contributed the same deposit and owned it 50/50.In 2011 they sold the flat to buy a house.They purchased the house in tenancy in common. The equity from the flat was transferred directly to the house purchase but his girlfriend got him to sign a deed of trust stating he would only have 25% of the new property.She now wants to separate and is offering 25% share less other costs which totals less than the deposit he initially contributed from the equity from the flat sale in 2011. The house has increased in value by in excess of £100k. We don't believe he was warned by the solicitor who drafted the deed this would happen. Although the deed doesn't clearly state it, if the solicitor knowingly transferred the equity from the sale of the flat to the house purchase, wouldn't this money be protected and the new 25% share only apply to the portion of value after deducting the initial first contribution? His girlfriend advises he took advice from me at the time but he didn't and I would never have let him sign.His girlfriend could not have bought the house without his portion of the deposit. Its left him in an extremely vulnerable position.

  • 2 Answers

    By Guest on 27/01/2020

    Possibly, depending on how it was drafted and the exact circumstances since - I suggest taking advice from a specialist dispute resolution solicitor. You may wish to contact Spire Solicitors on 01603 677 077 for further advice. 

  • By Guest on 27/01/2020

    Hi. Thanks for your response. Ive called Spire who are located in Norwich and will not accept the matter unless i go to see them but its miles away. Can you recommend anything else?

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