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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34123
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 I ended the relationship with my husband back in Feb of

Customer Question

Hi
I ended the relationship with my husband back in Feb of this year, but as yet have not moved out of the house which we rent from his parents. My reason for not leaving is before moving in to the property, which we intended to purchase, we had to do renovations so that it was suitable for us to all live in. This meant selling our previous property and putting all our money into this one. Where do I stand if I leave the house, as even though my inheritance is tied up in the property, I do not own it?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** *****
I will do my best to help you but I need some further information first.
How long have you lived together and are there any children involved?
How much is the house worth and how much have you spent on the improvements?
Clare
Customer: replied 2 years ago.
Hi Clare We have been together since 2001 and we brought our first property in 2003 with an early inheritance to me from my parents of which I added £63,000 to the purchase. We then got married in 2004 we sold our first property in 2005 and brought our second which we then sold in 2011 to complete the renovation works and have some for a deposit to purchase the property. ( I am unable to give the value of the house as it currently is) we did however have approx £90,000 from the sale and have spent that on the work to the house. We had agreed buying the property for £150,000 in its pre renovated state.
We have three children aged 16,8 and 3.
Expert:  Clare replied 2 years ago.
Hi
For clarity - it was agreed that you would pay his parents £150,000 for the property?
Do you wish to stay there with the children?
Clare
Customer: replied 2 years ago.
Hi yes we agreed to purchase the property and agreed a purchase price of £150,000 however due to my job being on the line due to job cuts we could not proceed with the mortage and therefore now rent the property from his parents. I do not wish to stay in the property. I want to move on with my life.
Expert:  Clare replied 2 years ago.
Hi
What is your best guess on the present value of the property?
How much does a cheaper three bedroom property in the same school area cost to buy?
Clare
Customer: replied 2 years ago.
Looking on the Internet now at properties for sale similar to the one i am the value is between 320,000 and 375,000 for a three bedroom property
It is a rural village and a detached cottage with large garden
Expert:  Clare replied 2 years ago.
Hi
Would it be fair to say that the work that you have paid for on the property is responsible for the increase in value
Clare
Customer: replied 2 years ago.
Yes the property went from a two up two down old style cottage (kitchen, lounge sep bathroom and wc ground floor and stairs straight up to two small rooms) to a three bedroom up stairs master en-suit plus family bathroom and down stairs now has large lounge kitchen diner utility room and a small room which was going to be a play room but is currently the bedroom or the youngest child plus a downstairs wc.
We would not have been able to live in the house in its old state and has been completely renovated to its current state
Expert:  Clare replied 2 years ago.
Hi
Have you discussed the way forward with your ex yet?
Clare
Customer: replied 2 years ago.
When we first split I tried to have a calm conversation about things but it ended up heated and he said I would get nothing as there is no proof I put money in however I have paperwork going back as far as our first house with both our names on it. All I want to know is if I leave to house do I leave rights to my input or not as I can not keep staying in the house as I have no life in doing so and its unfair on both myself and my ex
Expert:  Clare replied 2 years ago.
Hi
Just to check - is the agreement to purchase the property for £150,000 recorded in writing anywhere?
Clare
Customer: replied 2 years ago.
I don't know that one sorry
Expert:  Clare replied 2 years ago.
Hi
Just to check - can I assume that the children will remain with you?
Clare
Customer: replied 2 years ago.
Yes but obviously I would never stop them from seeing their father
Expert:  Clare replied 2 years ago.
Hi
Leaving the property does not mean that you lose your financial interest in it.
You certainly have a financial interest in it since your funds were used to complete works on the property which have enhanced the value considerably.
Unfortunately this is not a claim that can be dealt with within the financial side of divorce proceedings
Instead you will have to start a Trusts of Land and Appointment of Trustees Act claim against your parents in law to identify the amount of equity that belongs to you and your husband, then within the financial side of the divorce there will either have to be an agreement or a Court Order stating how much your share of that equity should be.
Complicated I know - but as I said your claim remains even if you leave - but you must file a Restriction at the Land Registry to prevent your inlaws selling the property before the issues are resolved
I hope that this is of assistance - please ask if you need further details
Clare

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