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Thomas
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7473
Experience:  UK solicitor
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Hiya, My x partner - we are not married and never were - we

Customer Question

Hiya, My x partner - we are not married and never were - we were together for around 5-6 years I think until 2012. We lived in a house that I bought in 2005 and is only in my name. We split up in 2012. We then tried again over the last few months and have split up again. He has now called me and said he has been to the citizens advice and he has been told that he is entitled to half of the equity in that house although I moved out of it 2 years ago when he left and its currently let. He said hes going to take me to the cleaners! He is a builder that pays no tax and works cash in hand, he never paid a bill in that property only contributed to food! I work and always have worked full time with 2 of his children now aged 3 and 6. Please can you tell me if he has a case?!
Thanks
Kelly
Submitted: 2 years ago.
Category: Family Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
Are their any children of the relationship? (ie. children for which both you and your ex-partner are parents of)
Are you saying that you now rent the property to private tenants?
Kind regards
Tom
Customer: replied 2 years ago.

Hi both kids are his and he gives me no money for them yes the property that we lived in together that I owned is let now and has been since I moved out of it in 2012 thanks,

Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
Do the children live with you permanently?
Kind regards
Tom
Customer: replied 2 years ago.

Yes with me full time

Expert:  Thomas replied 2 years ago.
Thanks. ***** he contribute to the money when you purchased the property OR did he pay of capital sums from the mortgage?
Tom
Customer: replied 2 years ago.

No I was not with him when I bought the property and no he did not pay any amount off of the mortgage

Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
I think he is bluffing here.
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.
This can change if there are children of the relationship and the parent who has residence of the children does not own the property. They can then in certain circumstance apply for an interest in the property. However, if it is the case that you have residence of the children and look after them and he does not contribute any child support to you then he will not be able to do this.
Provided he did not contribute more money in payment for food than he would have otherwise paid in private rented accommodation for rent/bills/food and did not make improvements to the property which increases the property’s market value then he would not be advised to make a claim against your property. Therefore, I think he is bluffing. I would certainly not agree to give him any money and say that if he thinks he has a claim then he should instruct solicitor to write to you. My guess is nothing further will happen after that.
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
Customer: replied 2 years ago.

Hiya,

So just to confirm -

- I bought the house in 2005 on my own

- Began a relationship with him in approx 2006 /2007 when he moved in after a few months

- He paid food in cash and some cash towards the bills when he was in work

- We had our first child in 2008 and he left for a while so I ran the property on my own

- We got back togeether around 2009 and had another child in 2011

- He then left in 2012

- I moved out of the house and rented it out at that time and it has been that way since

- I look after the children full time

- He gave me/ gives me no money towards them everytime he left

- I own the house

- When we were living there he did some decorating / re blocked some walls in the garden and laid some tiles

- When he left in 2012 he tried this and I gave him the sofa, bed and tv which came to approx £2000 and that is all he would have got if we have sold the house then and split the equity so that kept him quiet for a while

- Now hes trying to claim again for half the equity but according to all of the above you do not think he has a case?

Thanks,

Kel

Expert:  Thomas replied 2 years ago.
Hi Kel,
Yes, provided that you have residence of the children I cannot see how he would be able to make a claim against the property.
Tom
Customer: replied 2 years ago.

Ok thanks, ***** ***** I do now ? I will rate your answer as good I assume I pay £26 and then this is done? Sorry I was in a tiz when I sent you the first message so didnt read it very well!

Expert:  Thomas replied 2 years ago.
Hi,
Thanks.
I am an expert and I don't have information as to customer accounts. Once we are done I will refer the question to the accounts administrators who should contact you as to your account.
Kind regards
Tom

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