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Thomas
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7602
Experience:  UK solicitor
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I bought a house in my name and put the deposit down around

Customer Question

I bought a house in my name and put the deposit down around £22,000 I was with my partner and we are splitting up. Is he entitled to half of the profits including the deposit I put in. Everything is in my name and I can prove the money was mine as this was from the sale of my previous marital home
Submitted: 3 years ago.
Category: Family Law
Expert:  Thomas replied 3 years ago.
Hi

Thanks for your question.

Are are there any children of the relationship?

Kind regards

Tom
Customer: replied 3 years ago.
No
Expert:  Thomas replied 3 years ago.
Okay.

Are you married to him?

Did he carry out improvements which materially increased the value of the property?

Did he pay more in rent or expenses or outgoings than he otherwise would have if he were living in rent accomodation on his own?

Kind regards

Tom

Customer: replied 3 years ago.
No on both counts intact he is in debt from his former marriage the house is new build
Expert:  Thomas replied 3 years ago.
Hi

Thanks for your patience.

Basically, in order for him to claim an interest in the property if he is not registered on the legal title then he would either have had to:-
1. Contributed to the initial finance of the purchase
2. Paid off capital sums from the mortgage
3. Carried out improvements to the property which substantially increased the value of the property
4. Paid more in rent or expenses than he would have paid if he were living in his own private rented accomodation.

If he has not done any of the above things then he would not have a claim against the property

If he has done any of the above, then whether or not he will be advised that it is cost-effective to issue a claim is a quetion of degree. He has to litigate to claim the interest. He does not get it automatically and there is no legal aid for this type of claim. This means that he would have to pay considerable legal fees (ie. 3500-10,000+).

So, on the basis of what you have said he would certainly not have a claim if you are unmarried and you should resist any attempts from him to get money out of it (unless you are minded to give him any money for other reasons)

Kind regards,


Tom
Expert:  Thomas replied 3 years ago.
Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.


Kind regards,


Tom