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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34264
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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Hello,I bought a house with my girlfriend over a year ago.She

Customer Question

Hello,
I bought a house with my girlfriend over a year ago.
She put in £513,500 equity to buy the property and we took out a £200,000 repayment mortgage which we spent to do up the property.
She only gave me a 0.5% interest in the house.
I paid the mortgage and all bills whilst we lived there and paid off £11,000 of the mortgage.
We have now split up and selling for £815,000, so a £100,000 net profit.
She wants to keep all the money!
Am I owed anything above the 0.5% of my ownership stake?
Thank you.
Charles Pease
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.
Why did you agree to this percentage division?
Clare
Customer: replied 2 years ago.
Hello Claire,
I agreed to this percentage division because I was going through a divorce at the time and my now ex-girlfriend was concerned that my now ex-wife might come after us and particularly her equity in the house.
Charles
Expert:  Clare replied 2 years ago.
Hi
Did you ever discuss the fact that you were paying the mortgage in full and whether the agreement needed changing?
Clare
Customer: replied 2 years ago.

Hi,

Yes we did discuss this fact and that the agreement would need changing but I imagine that she would contest this fact now!

We would not have made the £100,000 profit on the house without the £200,000 improvements as a result of the mortgage that I raised on my salary alone (as she has no income).

Even if I got out what I paid in i.e. £11,000 in capital payments that would be better than nothing.

Thanks,

Charles

Expert:  Clare replied 2 years ago.
Hi
Was anyone else aware of the discussion?
Clare
Customer: replied 2 years ago.

Clare,

I discussed the fact that I had a £200,000 mortgage but only 0.5% of the house ownership with my previous boss/company chairman. He was appalled and told me I should change this, when I started discussions with her...she then kicked me out of the house with my son. My family (mother, sisters) are also aware of the circumstances as are her parents.

Charles

Expert:  Clare replied 2 years ago.
Hi
That suggests that there was never any acceptance by your ex that you might be entitled to a larger share - would that be a fair comment?
Clare
Customer: replied 2 years ago.
Hi Clare,
No, she always maintained that I would be entitled to a greater share once I sorted my divorce / ex- wife out, which I now have.
Charles
Expert:  Clare replied 2 years ago.
Hi
This is a difficult area.
the fact that there has already been a Declaration as to shares makes it more difficult to challenge BUT the specific circumstances of your case makes it possible that you could make a successful application under the Trusts of Land and Appointment of trustees Act (Tolata)
You can read more here
http://www.slatergordon.co.uk/media/388153/cohabitation.pdf
http://www.slatergordon.co.uk/media/2347003/land-disputes-a-guide-to-procedure.pdf
The starting point is to try and negotiate with your ex using Family mediation (www.familymediationhelpline.co.uk) to try and afford the costs of a court battle!
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you very much Clare

Kind Regards,

Charles

Expert:  Clare replied 2 years ago.
Hi
You are most welcome - I hope all goes well
Clare