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Thomas
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7602
Experience:  UK solicitor
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Hi I live with my partner for 4 years in my house and rented

Customer Question

Hi I live with my partner for 4 years in my house and rented his out. We have both contributed to any maintenance bills needed one either property. If we were to split up would he have any claim on my house ?
Submitted: 3 years ago.
Category: Family Law
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your question.

1. Are there any children of the relationship
2. Are you married

3. Did he contribute more in rent/mortgage repayments than she otherwise would have paid if she was living in her own private rented accommodation?

4. Did he make capital repayments to pay off significant sums of the mortgage?

5. Did he pay for/carry out significant improvements to the property which improved the value of the property?


Kind regards,

Tom
Customer: replied 3 years ago.

No children and not married.


We have split all bills to half each and the amount of mortgage paid is less than he would pay on his own property.


Paid half towards a new boiler plus rendering to front of house.


I have in the meantime used a significant amount of my inheritance from my late Father to decorate/plaster throughout, new patio and gates etc.


 


Sarah


 


 


 

Expert:  Thomas replied 3 years ago.
Hi Sarah, Thank you for your question and patience, I’m Tom and I’ll try to help you.


My answer assumes that she did not contribute any monies to the initial purchase of the property.

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 to a total that is more than you would otherwise have paid in private rented accommodation in the area.
Therefore, on the basis of what you said the only thing that could even theoretically form the basis of a claim would be the costs of the boiler/rendering. However, there are significant barriers to him claiming this in that there is no legal aid for a claim like this and he would have to prove it at court. Legal fees are prohibitively expensive for small claims. So, provided the costs of things he has paid for are less than £4000.00 he would not be advised to make a claim.


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.


Kind regards,


Tom

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