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Thomas
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7609
Experience:  UK solicitor
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I lived with my Partner for 9 years in the UK (we are both

Resolved Question:

I lived with my Partner for 9 years in the UK (we are both EU Citizens, i.e. none British). She owns three properties and we lived in two of them for the last 9 years (currently still live in one of them). The properties are in her name alone. Throughout I have been contributing to the household expenses, council tax and services charges (at some months less than others). General expenses such as Gas, Electricity Water, TV License and Telephone in most cases paid by me but in some cases not in full.

I would like to know what will be (if any) my position in regards XXXXX XXXXX properties if we should have ever split.
Submitted: 3 years ago.
Category: Family Law
Expert:  Thomas replied 3 years ago.
Hi,

Please can you confirm that you are not in a civil partnership (ie. same sex with formal civil partnership ceremony carried) out and that there are no children of the relationship?

Tom
Customer: replied 3 years ago.

Hi Tom.


Not really sure. We are Woman and a Man relationship with no kinds.

Expert:  Thomas replied 3 years ago.
Hi,

Thanks.

Did you contribute to the financial of the initial purchase of any of the properties?

Have you paid capital sums off of any mortgages on the properties?

Kind regards,


Tom
Customer: replied 3 years ago.

Hi, no i haven't.


Although the only way my partner was able to sustain paying out the mortgages (and still do) is because i pay majority of all outgoings as mentioned earlier.

Expert:  Thomas replied 3 years ago.
Hi,

Thanks, again.

Have you paid for/carried out substantial improvements to any of the properties which have substantially increased the value of any of them?

I will be able to answer after you reply..

Tom
Customer: replied 3 years ago.

No i haven't.


I was just the backbone of the relationship in terms of all other expenses to exclude purchase and mortgage payments of the properties.

Expert:  Thomas replied 3 years ago.
Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

The position is that where a person is not named on the registered title to a property then you can generally only claim an interest in the property if you have made either a capital contribution to it (ie. financing the purchase or pay for significant works which materially increase the value of the property) or have maintained the mortgage payments/paid rent or bills/food/outgoings to a total that is more than you would otherwise have paid in private rented accommodation in the area.
So, if you consider that the total of the monies that you have paid exceeds the amount that that you would have paid in rent/expenses if you were living in private rented accommodation then you may have the basis of a claim.
However, a claim is not automatic. You must prove that you have a claim under the Trusts of Land and Apportionment of Trustees act. If she were to dispute then it would mean litigation, which means considerable legal fees.
If you think that she would allow you to have an interest in the property then the solution would be either
1) Have the property(ies) transferred in to your joint names. If there is a mortgage on the property then you would need the consent of the lender, which would mean that they would have to effectively be prepared to issue a mortgage offer to you both in joint names.
2) Execute a declaration of trust in respect of the property(ies) with her which states that although she owns the legal interest in the property you have an equitable interest. It can state that you have x% and she has y% in the equity of the property after taking in to account the mortgage, for example. You can then have this registered against the legal title for the property.
You could also execute a declaration of trust at the same time you carried out (if you did) the transfer/remortgage referred to in 1) above)
Sorry I could not have better news for you.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.

Kindly rate my answer if you are satisfied with the information I have provided.

Kind regards,
Customer: replied 3 years ago.

Hi Tom.
So the underline is that regardless of any contrebution i have made (i.e. Council Tax or Service Charges) im not entitled to anything.


 


am i right in assuming that?

Expert:  Thomas replied 3 years ago.
Hi,

Only if the outgoings (ie. council tax/service charges/utilities etc) are more than you would otherwise have paid if you had to rent your own property (which is effectively what you would have had to do if you were not living with your partner.

Unmarried partners are not very well protected under UK law I'm afraid. Once you are married there is considerable protection, but not really before then.

It's unfair.

Please remember to rate my answer.

Kind regards,


Tom
Customer: replied 3 years ago.

Thanks Tom, i will rate once you clear my last question.


 


I have been paying Council Tax and Services Charges as well as the bills of Gas and Electricity for the both of us. So answering your last question, i have been paying double the amount i will pay if i was to live by my own. Which has allowed her ot pay for the mortgages.


 


So where does it leave me based on your last comments?

Expert:  Thomas replied 3 years ago.
Hi,

If you have not been paying any rent to her then I would think that this would offset the additional gas/electricity that yo have paid, but you can make a rough calculation from the sums you have available as compared to the rent that you may pay locally to be sure.

Please do remember to rate my answer.

Tom
Customer: replied 3 years ago.

Thank you Tom. and should have got married now, will that put me in a better position?

Expert:  Thomas replied 3 years ago.
Hi,

Yes, it would put you in a better position than you are in now. The longer you are married, the stronger your claim.

Please rate my answer.

Tom
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