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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33325
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hi I am going to seperate from my fiance and who i have co

Customer Question

Hi
I am going to seperate from my fiance and who i have co habited with for 11 years.
I want to know what my rights are as i have paid her morgage form the day we moved in together. We also have two children together. basically am i entilted to any money if when we seperate?
thanks
Matthew
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
I shall do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
How old are the children?
Did you pay for any alterations or improvements to the property?
Claire
Customer: replied 3 years ago.


Hello Clare


 


My children are 5 years and 1 years old.


The flat was bought for £120000 and is now worth nearer £200000


there is around £1050000 left on the morgage


I have paid for maintenance alterations and improvments along with all the bills and council tax


Thanks,


 


Matthew

Expert:  Clare replied 3 years ago.
Hi
How much have you paid towards Alterations and improvements and by how much has that increased the value of the property?
Claire
Customer: replied 3 years ago.

We have actually been together 16 years.


ermm probably paid out £3k
Re painted a couple of times, general maintenance repairs, boiler ect...we basically go halfs of everything including bills. including any furniture/ washing machines purchased. Every month my fiance emails me a monthly bill with a break down of all outlays ranging from morgage payments to shopping.


most bill are in her name but I transfer my money to her bank account every month. probably increased the value by 10k as have also re carpeted and painted the communale hallway twice.


 


 


 


 

Expert:  Clare replied 3 years ago.
Hi
How much is the mortgage?
Claire
Customer: replied 3 years ago.


the morgage is on average around 800 per month but we have had it on interest only for the last two years as we are renting it out. at the moment we are renting why we save for another property which we are very close to having the money for. I have around 15k of my own savings for the new house in her bank account as well. the money we have been getting from our tenant has been subsidising the rent we have been paying on the new house. so really ive been paying the morgage for 8 years. please see example of my monthly ouitlay below (my partner has emailed me for the last 5 years every month)


 


Monthly Bills


 


Rent Monkhams £713.27


Nanny wages £550.00


Gas & Electric £76.50
Virgin TV & Broadband £70.00


Council Tax £121.08


Cleaner £60.00


TV License £6.00


Monkhams Avenue Insurance - £15.00


Stuff for Millie & Elsie £70.00


Boiler Insurance at flat £ 7.50


Buildings insurance at the flat £9.17


Council Tax at the flat -£13.82


Extra paid to Gas bill £100.00


Millie Swimming lessons £31.50


Nanny Tax & NI £63.94


 


In may bill total was £1750.00 you paid £1500 £530.00 owed from previous months


In June bill total was £2480.00 you paid £2200


 


 


Total = £2380.14


 

Expert:  Clare replied 3 years ago.
Hi
So you are no longer living in the property and the rental received is covering not only the mortgage but also part of your current rent is that correct?
has it always been understood that the other property was a Joint property simply held in her sole name?
Claire
Customer: replied 3 years ago.


yes to all the above

Expert:  Clare replied 3 years ago.
Hi
Just to check - is she likely to be difficult now?
Claire
Expert:  Clare replied 3 years ago.
Hi
I ask because on the face of it you have clear proof that this was indeed a joint venture and that despite the fact that the property was held in her sole name it was always regarded as a joint asset and on that basis you could claim 50% of the equity.
If she agrees then clearly there will be a substantial saving in court costs, if not then you will need to make a claim under the Trusts of Land and Appointment of Trustees Act
The complication is that under Schedule 1 of the Children Act you are under a duty to help house the children until the youngest one is 18 and on that basis your ex could argue that she needs the equity to rehouse them until then
I hope that this is of assistance - please ask if you need further details
Claire

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