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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34234
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 there, my partner and I are separating after 9 years. we

Resolved Question:

Hi there,
my partner and I are separating after 9 years. we have a 7 year old daughter together. when we met I had my own property and a mortgage. five years ago I bought us a house, from the sale of my flat and the short fall made up by my parents. the house is in my sole name and so is the mortgage. we both work so have been contributing £750 a month each to pay the bills. he is now asking if he is entitled to a refund of his contribution towards my mortgage for the last 5 years. I gave him £5000 a few years ago to pay for a course which he was unable to complete due to ill health and never repaid my money. Do I have any obligation to pay him anything? I'd also like to add that I do all the chores at home, do (and pay for) all the decorating and repairs. I also bought a car that we both use but I pay for repairs. He has 2 older children from a previous relationship who I help look after and feed every other fortnight.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 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.
How much is the house worth and how much os outstanding on the mortgage?
what was the monthly mortgage payment?
Clare
Customer: replied 3 years ago.


Hi there, the house is worth 250k and my mother has just paid of the remainder of the mortgage (roughly 30k). he has paid £750 a month for the last 5 years and I have paid £650 a month. I have used that monthly £1400 to pay the mortgage, council tax, car tax and insurance,house insurance, all utilities, food, petrol, clothes (including his), including food and bedding for his 2 older children when they visit. All the bills are in my name and I have had to find the short fall when ends haven't met. I have also paid off some of his debts in the past.

Expert:  Clare replied 3 years ago.
Hi
How much was the monthly mortgage payment?
Clare
Customer: replied 3 years ago.


£375


 

Expert:  Clare replied 3 years ago.
Hi
How much was the mortgage prior to your mother paying it off?
Clare
Customer: replied 3 years ago.
£30,000
Expert:  Clare replied 3 years ago.
Hi
What was the purchase price of the house and what was discussed about the house at the time of purchase
Clare
Customer: replied 3 years ago.
The purchase price was £250k funded by the proceeds of my flat
And £100k from my parents. I aslo paid for all solicitors fees and moving costs and furniture.I house hunted alone and he was happy just to. Go along with my choice. We discussed the fact that hed be unlikely to get a mortgage to help buy the house as he had a poor credit rating. He was happy enough and said he didn't really want his own mortgage.


Expert:  Clare replied 3 years ago.
Hi
Did you ever say that the house belonged to both of you?
Clare
Customer: replied 3 years ago.
No. It was just 'the house' but opbviously our 'family home'. He is fully aware that the mortgage and house are soley in my name.


Expert:  Clare replied 3 years ago.
Hi
To make a financial claim on the property your ex would have to show that he made a financial contribution to the structure of the property - either by paying the mortgage or for any structural alterations or improvements; or because you promised that he should have a share of the equity.
The only issue is whether the money that he paid each month which did go towards the mortgage is sufficient to give him a claim
That is judges by whether or not what he actually paid was average for a property rental at the time - if it was then he has no realistic claim.
Coupled with the £5000 you gave him from what you have said it is unlikely that he would manage to convince a court that he would have a share
I hope that this is of some assistance - please ask if you need further details
Clare
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