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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1097
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I own a house in London which I have had since 2001. In 2007

Customer Question

I own a house in London which I have had since 2001. In 2007 my then boyfriend moved in with me. The relationship ended about 2 years ago. About 3 years ago I bought a property in Ireland and moved to Ireland permanently. I have been letting out rooms in the London property and my ex has still been living in the property.
I now want to sell my London house and my ex is demanding a share of the profits.
The mortgage is in my name only along with all of the bills (the rent the tenants pay is inclusive of bills).
We never married, nor do we have children.
For the first 18 months of me living in Ireland he periodically sent me money each month, approx £200 per month. However for the past year or so, he has not given me anything - I have not asked for anything as he acts as a sort of live in caretaker.
He is claiming that he has done a lot of work on my house. This comprises of plastering one bedroom wall that had damp. He also installed an understairs shower and toilet and all of the material was paid for out of my account (although he would have contributed half towards the costs).
Some work was done to the property to get it ready for tenants, i.e. decorating, electrical and plumbing work, but I paid for the majority of this out of money I had from a motorbike accident.
The relationship broke down when I moved to Ireland (he has never lived in my Irish home). It was easier for me to let him stay in the property as tenants were less likely to abuse the house with him on site. Some work was recently done to the house in the form of a dividing wall being reinstated between the kitchen and dining room.
I really want to know where I stand legally.
To make matters worse, he has not been declaring any earnings to the Inland Revenue for over 10 years and he receives on average at least £500 cash per week. He is saying that if I declare this to the Inland Revenue I will also be responsible (when I lived in the UK my earnings were always taxed!)
I would be grateful for some advice.
Kind regards
Sharon
Submitted: 2 years ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 2 years ago.
Hello Sharon
Welcome to Just Answer
Thank you for your question. I am a family solicitor.
I am sorry to hear about the difficulties that you are experiencing with your ex.
As you were not married then the legal route for your ex to try and make a claim in relation to your property that is in your sole name would be under the Trust of Land Act.
To have a claim under this Act your ex would have had to have 1) contributed towards the mortgage payments and/ or 2) added value to the property (ie paid for redecoration / upgrades).
Your ex is likely to argue that the payments he made of £200 were towards the mortgage and not rent and he will also argue that he has added value to the property. You would argue that his payments weren't towards the mortgage and also seek to limit any value added by confirming you paid for the materials.
The burden of proof is on your ex to prove what he is saying. Your ex would have to make an application to the court under this type of claim and prove his points. Your ex has no automatic right and would have to argue and convince a Judge.
I note that he is trying to say that you will be responsible for tax on his cash in hand income. If this income had nothing to do with you then I fail to see how he can blame you for his actions.
Kind Regards
Caroline
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Customer: replied 2 years ago.
CarolineThank you so much for your speedy response. You have put my mind at rest completely!I thought that would be the case, but I wanted to be doubly sure. I cannot see him wanting to take legal action when he has not paid tax in this country for so many years.Do I have the right to evict him immediately?
Expert:  ukfamilysolicitor replied 2 years ago.
Hello Sharon
I am glad that I could help you.
I am sorry but rights of eviction are not my area of expertise and your probably best posing a question for that separately. I specialise in family matters - and have dealt with many Trust of Land Act claims.
This doesn't change my advice to you that - you are the legal owner of the property and not him and that he would have to make a claim and prove it to try and claim any beneficial interest in your property.
Kindest Regards
Caroline
Positive feedback is gratefully received.
ukfamilysolicitor and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Hi CarolineNo problem at all. I look forward to getting him out of my life once and for good! No more Mrs nice guy!Sharonfeedback duly given x
Expert:  ukfamilysolicitor replied 2 years ago.
Thank you Sharon
I wish you all the best
Kind Regards
Caroline