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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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Can my ex get equity on my home?

Resolved Question:

I bought my home in September 2009 for myself and my children. 4 months later my new boyfriend moved in. He had loaned me £5000 to pay the solicitors bills on the house.He paid me £550 pm for rent, bills and food. We did works on the house together, but, as he was a joiner, he did some larger renovations on the property. As he was not in regular employment, I also paid for all materials and did the smaller things such as painting, grouting and sanding etc.At the beginning of our relationship he suggested that if we split up, we should sell the house and split the equity. At the time I agreed, although no promises were made and nothing was put in writing. In summer last year, he decided to move back to the North and didn't really contact me again apart from to move his things out. Quite a while Before he moved out I made it very clear that I would not be selling my family home and, as a single parent, I have no means to pay a lump sum, although I was willing to pay £50 pm towards the 5K debt.He has now been in touch and said I need to sell my home to pay him half of the equity on the house. He has said we bought the house together as a business investment. I replied that I would not be doing that, I alone bought the house, using 130k deposit from the sale of my previous home; my name is ***** ***** mortgage, deeds and all bills. I have 100% responsibility for the house. I moved into the house on my own with my children.He has now sent me a very threatening email saying that I'm 'in deep water' and he will 'act as he feels necessary' and that 'everything that happens from here on in is my fault, not his', because in his eyes I 'broke a deal'. Please let me know where I stand legally. I don't feel that any 'deal' he thought we had entitles him to have a share of my property. If it does, can he force me and my children out of my house? Should I go to the police with the threatening emails?thanks for the advice
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 is outstanding on the mortgage?
Clare
Customer: replied 3 years ago.
Hi Clare, I don't know how much the house is worth now but I bought it for £245000 with a deposit of £130000 of my own money. Outstanding on the mortgage is approx £110000.
Why do you need this information though? Does that mean I owe him money?! I do not want to sell my family home! I'm feeling very worried and anxious.
Thankyou for your quick response
Alison
Expert:  Clare replied 3 years ago.
Hi
The fact that your ex made a capital contribution AND also contributed towards the structural improvements to the property which have enhanced the capital value means that it is indeed likely that he has acquired a financial interest in the property
This does NOT mean he is entitled to 50% of the equity - just that he may be entitled to something.
It is not possible to give a guide to what the interest should be without knowing how much the value of the property has been enhanced by the works
However even if he does have a financial interest that does not mean that he can force a sale before your youngest is 18 since it is clear that the main purpose of the purchase was to house the children
I suggest that you offer to discuss matters with him using Family mediation (www.familymediationhelpline.co.uk) and say that if he is not willing to do so then he must issue a court application
I hope that this is of assistance - please ask if you need further details
Clare
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