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Thomas
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7626
Experience:  UK solicitor
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What are my rights if I pay the mortgage but not on the mort

Resolved Question:

What are my rights if I pay the mortgage past 4 years but not on the mortgage am entitled my money back if me and my partner was to split up.

Submitted: 2 years ago.
Category: Family Law
Expert:  Thomas replied 2 years ago.

Thanks question.
Have you paid more in mortgage payments than you would have in rent and other expenses if you were living in private rented accommodation in the same area?
Kind regards
Tom
Customer: replied 2 years ago.

Yes I've payed round about 25k in mortgage payments well liveing in the house and also payed all the bills at £250per month and also fitted a new bathroom witch cost about £4500, and I have also payed the car finance in full wich was about £5500.. please can you help me if have any rights to try and get my money back or at least half but she says I won't get anything because nothing is in my name.

Expert:  Thomas replied 2 years ago.

Thank you question and patience, I’m Tom and I’ll try to help you.
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 works which materially increase the value of the property) or have maintained the mortgage payments/paid rent or bills/foof to a total that is more than you would otherwise have paid in private rented accommodation in the area.
ON the basis of the mortgage payments and other amounts that you have paid in your reply then you would have a cause of action claim. However, if this was disputed then you would have to litigate under the Act claim which is the Trust of Land and Appointment of Trustees act. There is no legal aid type of claim and legal fees can be expensive.
I would consider approaching your partner to negotiate the execution of a declaration of trust property, which states that although they are the legal owner of the property you have a percentage interest in the equity of the property or that you should be repaid the sums you have paid before the property is sold.
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
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Customer: replied 2 years ago.

Ok that's great what proof do I need if I was to take it to court.

Expert:  Thomas replied 2 years ago.
,
You would need proof of all the payments that have been made start and then this would be backed up by your statements that your solicitor would draft after taking your instructions.
Kind regards,
Tom