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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33324
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 me and my partner have split up, she has left the home,

Customer Question

Hi me and my partner have split up, she has left the home, the mortgage is in my name only, we have loans 1 in her name that the money was paid to me for a conservatory for 8k, 1 in my name for 18k covering various living expenses purchases for the house holidays etc, and a third to my dad who leant us 21k for buying the house which we pay him back a set amount each month out of my ex partners account. What rights do i have


Does my partner have any right to the house or live in it


Who is liable for each of the debts and what proof would be needed


What are the rights over the furniture etc


 


I am a bit frustrated as had no reply yet

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.
How much is the house worth and how much is outstanding on the mortgage?
Why is the house held in your sole name?
Clare
Customer: replied 2 years ago.

Hi clare


The house is worth about 130k there is 109k outstanding, it is in my name because she had a bad credit file and mine was excelent so i took the mortgage out to help get one

Expert:  Clare replied 2 years ago.
Hi
So the bulk of the debts relate to the property - including the only debt in her sole name is that correct?
At the time of the purchase what was agreed about the rights your ex would have in the property?
Clare
Customer: replied 2 years ago.

Basically 21k borrowed off my dad for deposit, moving fees and to pay off my credit cards. This was paid out of partners account each month


18k borrowed from my bank for general living expenses over the 18 months of being together, furniture,car bills etc.


8k borrowed by my partner who paid it to ME and i purchased a conservatory


i suppose at the time of purchase we bought everything equally and have lived that way since we met.

Expert:  Clare replied 2 years ago.
Hi
What discussions did you have about who owned the house?
Clare
Customer: replied 2 years ago.

I dont recall any discussions but i think as you start a relationship it was probably taken for granted that everything would be shared equally however nothing was ever put in writing, where are you going with all these questions please???

Expert:  Clare replied 2 years ago.
Hi
The problem is that within Property law it is not a question of what is assumed but what was agreed.
If you are saying that you understood that whilst the property was purchased in your sole name it was purchased on behalf of you both then that means that you hold the property on Trust for you both which certainly gives her a claim on half of the equity in the property - and may also give her the right to live in the property as well.
If you accept that it was a joint purchase - and in all honesty from what you have said it is likely that a court would find that it was - the the starting point is to take the value of the property - deduct the mortgage and the amount outstanding to your father and the amount outstanding on the Conservatory loan and divide the balance (if any) between you.
I assume that in fact there is not sufficient equity to do this which leaves the issue of the two loans
Assuming that your loan did cover a very comfortable lifestyle (you refer to holidays) then the offer you have made is not unreasonable - alternatively you could repay the loan in her name in full and then ask for a contribution towards your loan - that would certainly be an area for negotiation
What you must do is ensure that you get a document signed by your ex confirming that she accepts the money in full and final settlement of any claim that she may have
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Hi thanks for the reply, when you say get a document would you give me some pointers on how it should read please

Expert:  Clare replied 2 years ago.
Hi
It doe snot need to be technical - just
1 xxxxx confirm that I have received from xxxxx the sum of xxxx in full and final settlement of any claim that I may have on the property xxxxx
Clare

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