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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33500
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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I was a single mother living in the home of another woman As

Resolved Question:

I was a single mother living in the home of another woman
As she was unable to have a child I made a verbal agreement that I would allways treat my child as part of her family and she agreed that should I ever leave the “relationship” she would split half the house and I would in return continue to allow access to my son
This to me seemed a fair exchange I lived in the house I supported myself we got along well in a sisterly relationship my son grew up and twelve years later I left to begin a life of my own as the relationship had grown to become unhealthy and I needed space I continued to allow regular access for a further 7 months
However once I asked about the sale of the house she has refused
I therefore removed access to my son ( this was very unkind to him as he loves her dearly)
She is now perusing me through a mediation system prior to court for a contact order.

I just want what was always verbally agreed I upheld my half of the agreement is this possible for me to persue

My contributions to the household were to provide food and keep it clean and tidy again as agreed
my name was not on the mortgage
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Given that you accept that your child wishes to see this person why have you not agreed to it re-starting?
Do you have any evidence of the agreement with regard to the house?
Clare
Customer: replied 2 years ago.

Dear clare, i am about to go to mediation and i will agree to his contact being re started on a limited d basis


 


I have no proof of the agreement.. However i did put all my efforts into impovements to increase the value of the houae over many years.i also financially contrubuted to provide food this agreement was a two way street involving her being part of my sons life and my having security in the house for myself and my son


Thank you for taking your time

Expert:  Clare replied 2 years ago.
Hi
What improvement to the house did you make/pay for?
Clare
Customer: replied 2 years ago.

I contributed to all improvements but again i dont have receipts or proof...i stupidly did not think it necessary as it would have been distrustful and i did feel confident that this,agreement would be honourd because of her bond,and live of my son....


I realise ive been foolish but i really did feel secure in the trust..i kept my end of the agreement in once i left i continued to allow constant access and included her in all his appointments,school feedback..i even allowed her to have him at my own detriment on christmas,day


I upheld the agreement.. It is she who now denys,all...and is,persuing contact

Expert:  Clare replied 2 years ago.
Hi
Do not worry about receipts - just tell me how much you paid and for what
Clare
Customer: replied 2 years ago.

Clare...all payments,were over a long period going back covering a previius property which was very run down and had an almost total overhall in every room and increased in valye from 30k to 150k and then the,second propery bought for 175k and with all the improvement valuation i guess at approx 250k if nit more... All of this i conteibuted to in both time effort and money


Hope this helps

Expert:  Clare replied 2 years ago.
Hi
I am afraid that there needs to be much more detail - whether or not you have receipts .
So do you mean Decoration or structural alterations?
What materials did you pay for - and what labour?
If you helped so much with increasing the value of the first property then why was the second purchased in her sole name?
Clare
Customer: replied 2 years ago.

Dear clare


Structural alterationa and following fitments and finaly decorations.there were mamy areas of improvements internally externally extentions kitchen replacement bathroom loft conversions...mamy aspects i helped in labour physically and purchases


 


The agreement continued with both properties


Thank you clare


 


 


 

Expert:  Clare replied 2 years ago.
Hi
Were you ever actually in a relationship together?
Clare
Customer: replied 2 years ago.
At the very begining
We did have a relationship...but this turned to a sisterly friendship within a few years
Expert:  Clare replied 2 years ago.
HI
That is helpful
How much is the property worth and how much is outstanding on the mortgage?
Clare
Customer: replied 2 years ago.

I am not sure but i guess in the region of 240k plus and 25k is,outstanding


Thank you Clare

Expert:  Clare replied 2 years ago.
Hi
How much does a two bedroom property in the same general area cost to buy?
Clare
Customer: replied 2 years ago.

The house prices in the area for a 2 bedroom are in 2010 one sold for 129k

Expert:  Clare replied 2 years ago.
Hi
What mortgage capacity do you have?
Clare
Customer: replied 2 years ago.
i dont have a mortgage i now rent and have never applied for a mortgage in.my own right
Expert:  Clare replied 2 years ago.
Hi
Thats is fine - but if you wanted a mortgage what might you be able to borrow - this is relevant to your potential case
Clare
Customer: replied 2 years ago.

My current salary and age wouldallow me based on a mortgage calculator 130k


I have not applied for a mortgage in my own name

Expert:  Clare replied 2 years ago.
Hi
You may have a potential claim
It is not the most clear cut of claims
You are arguing a form of Constructive Trust and Propriety Estoppel
You can read the basics here
http://www.crippslink.com/index.php?option=com_content&view=article&id=718:cohabitation-a-review-of-the-trusts-of-land-and-appointment-of-trustees-act-1997&catid=32:property-disputes&Itemid=537
You are arguing that a promise was made and on that basis you acted in a certain way
In addition you made a financial contribution to structural repairs
All of these amount to a potential claim - not the strongest of ones but a claim - more details here
http://www.guildhallchambers.co.uk/files/Life_after_Kernott_v_Jones_TimWalsh_September2012.pdf
It is worth using mediation to discuss this - and to negotiate a lump sum payment of some sort rather than risking the considerable expense of a court case
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33500
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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