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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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My sister lives in town A, she met a chap who comes from town

Customer Question

My sister lives in town A, she met a chap who comes from town B, and they became a couple. He had divorced his wife in town B from which there are 2 children. In town B he has a home separate to his ex wife. He decided to move to town A and so bought a property in town A, This was a substantial outlay but he works in the city and had the finances. My sister moved in with him and has been contributing to the household or so I believe, but It's not likely to be half the mortgage as I would imagine this to be quite high. Now after 3 years he’s decided that he needs to move back to town B and be with his children and so has sold the house for a substantial profit, the question is, is my sister entitled to any of the profit? All she did was cohabit and pay towards the household, friends have said she should get some share but I think not. Please put my mind at rest. Thank you
Submitted: 2 years ago.
Category: Family Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.
Hi Nicola, as long as it doesn't cost me more please continue, many thanks
Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
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.
Do you have any idea how much your sister was paying each month?
Clare
Customer: replied 2 years ago.
No sorry I don't, I'm not in the position to ask. Can we just assume it was half the cost of the mortgage repayments or would it be a sliding scale thereof? So if she payed a third she would be entitled to a third of the profit. Many thanks.
Expert:  Clare replied 2 years ago.
Hi
I am afraid it is not that simple.
Whether or not she has a financial claim depends on the basis of the agreement made between them - did he always promise her a share - and whether or not the amount she paid each month was the going rate for house rental in the area. If it was the same amount or less then it is likely that she has no financial claim on the property.
If it was more, or if she paid towards alterations that enhanced the value of the property then she MIGHT have a claim - albeit a small one
This assumes that they have not had a child together and that her partner gave her reasonable written notice to leave.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

That's great, in your summing up you have answered the question, Basically if she was investing in the property, she may have a claim but as I'm sure she hasn't, she hasn't. Thank you,,,,now the bit you can use as a quote.

Great service, I gave them a tricky question and they made it clear that finding the correct answer would take time, and so asked if I wanted to cancel. Very impressive way of working. I stuck with it and a few days later I got a concise answer. I would recommend this service and use it again. Many thanks.

Thanks Claire. I don't have to worry that my sister is being ripped of as a friend was suggesting.

Expert:  Clare replied 2 years ago.
Hi
Thank you for that - I hope all goes well for your sister
Clare

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