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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34234
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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I wonder if u could advise me my son has been with he's

Resolved Question:

Hi I wonder if u could advise me my son has been with he's girlfriend for 11yrs and they now live in their third house together, the first two houses they lived in he was on the mortgage and the title deeds, but this third house they brought when he came out the Army and went self employed he never went on the mortgage, although it was always the intention he would go,on at a later date, he has always sent home half the mortgage payments and can prove this, is he entitled to claim anything on the house, or does he have to walk away with nothing,never though she's the one having the affair
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 property worth and how much is outstanding on the mortgage?
Clare
Customer: replied 2 years ago.
The property is worth £210,000 and there is about £150,000 left on mortgage my son was hoping for about £18,000
Customer: replied 2 years ago.
Hi r u there
Expert:  Clare replied 2 years ago.
Hi
Have they always paid everything 50/50 and are there any children involved?
Clare
Customer: replied 2 years ago.
No children and always paid 50/50 into the house account
Customer: replied 2 years ago.
Hi have u got any answers please
Customer: replied 2 years ago.
Hi Clare r u still there
Expert:  Clare replied 2 years ago.
Hi
I am sorry for the delay - unfortunately I have to deal with the questions in order and each time you checked you dropped to t e bottom of my list - no matter how far I am into the question!
Given all that you say it is clear that the intention was that this property would be a joint property just as the others were - otherwise your son would not have paid half of all the outgoings
This means that your son can claim that there was a Resulting Trust created - and that he can claim 50% of the equity.
You can read more about such claims here
http://www.slatergordon.co.uk/media/388153/cohabitation.pdf
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