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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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 just split with my girlfriend after 5 years, she moved in

Resolved Question:

I just split with my girlfriend after 5 years, she moved in to my house with her 2 year old son that I had owned for 8 years. We set up a joint account to pay household bills which we paid 50/50 although the mortgage remained in my name.
She is looking to negotiate a settlement based on the following:
1. All the mortgage payments back
2. She contributed half to a boiler and bathroom over the years
3. £2000 for random household items, curtains plates furniture etc
The mortgage aspect is detailed on the joint bank statements, there is little documentation if any for the other purchases none of which were financed. There was no agreements made between us written or verbal and were considered as general purchases to household.
She states her half amounted to £9000 in payments for the mortgage, the capital has been reduced by £7000 in the 5 years, it is also possible the house may have increased by £2000
She is threatening me with small claims court, what is she entitled to regarding the 3 points above and what sort of proof would she need as she may have taken some of my legal documents but is denying it?
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 house worth and how much is outstanding on the mortgage?
How much did she pay towards the bathroom and boiler?
How much is the mortgage payment and what is the going rate for house rental in your area?
Clare
Customer: replied 2 years ago.

Hi, I bought the house in 2002 for £47,000 then mortgaged for £67,000 before she moved in, then I changed to a repayment 4 years ago and now I owe £60,000. She paid a total of £1000 on the boiler and bathroom, the mortgage payment is £296 and rental is £530 pcm

Alex

Expert:  Clare replied 2 years ago.
Hi
How much is it worth now?
Clare
Customer: replied 2 years ago.
hi, its worth £107,000 now and was worth £105,000 when she moved in
alex
Expert:  Clare replied 2 years ago.
Hi
Did you ever promise her a share of the house?
Do you agree that some of the items within the house shoudl be shared between you?
Clare
Customer: replied 2 years ago.
hi
no i didnt promise her any share of the house.
yes i do agree that some items should be shared.
Alex
Expert:  Clare replied 2 years ago.
Hi
Actually your ex has only a limited claim on you - certainly not one that she can pursue using the Small Claims procedure.
1. She cannot claim the mortgage payments back - she was in fact simply paying a form of rent - it is not returnable
2. The money for the boiler and the bathroom are a different matter. They actually potentially give her a claim on the equity - so she could make a claim for £1,000 - although that claim could not be made within the Small Claims Court UNLESS you ever promised to return the monies
3. Clearly the joint contents need to be shared between you - or a figure agreed to compensate her for them. However again she cannot make a claim using the Small Claims Court UNLESS you are in fact refusing to share them.
Obviously it would be better to resolve her claims without any court involvement and I suggest that you offer to discus smatters with her using Family Mediation
www.familymediationhelpline.co.uk
Please ask if you need further details
Clare
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