Letting a joint property - who gets the rent?

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    Letting a joint property - who gets the rent?

    Hi, i hope this is in the right place.
    It's a tricky issue, but any help/advice would be much appreciated.

    Ok, I used to have 3 rental properties, but 4 years ago I added my (now) ex's name to two of the properties. Since then we have split and she has been in charge of these 2 properties and has kept all the rent. I had no issue with this until she got herself on her feet again, which she is now.

    We have solicitors involved to try and settle ownership issues but in the mean time, would I be within my rights to ask for half ( or at least a part) of the rent? As I own 50% of the property? Or, if she agrees, how would i change one of the houses so that I was named landlord, and we could manage the houses separately?

    Many thanks.

    1. For those two properties, legal title is in two names.
    2. Was any Trust Deed completed at the same time as the 1-to-2 Transfer?
    3. If "yes" to no.2, what did the Trust Deed state?
    4. If "no" to no.2, what did the Transfer state?
    5. Two or more owners are always deemed trustees; see my CONV. FORUM thread on this. The vital fact is in what capacity/shares you and she own the beneficial (equitable) interest. That will determine the division of rent.
    6. You individually cannot unilaterally change anything- and nor can she. If a property is in two names, at least as regrds the legal title registered at HMLR, the two of you are jointly "The Landlords". Management on a day-to-day basis is irrelevant to this.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).


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