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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 995
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I lived with my partner yrs and separated last year,we

Resolved Question:

I lived with my partner for 12 yrs and separated last year,we had a house together but the mortgage was in her name and the payments came out of her bank..my work is mainly cash so I used to pay for shopping etc..we built a double extension on the house to which I did most of the work.am I entitled to a settlement from the house??
Submitted: 2 years ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Welcome to Just Answer
Thank you for your question.
I am a Solicitor and will assist you.
Unfortunately the Law in respect of claims for married couples and unmarried couples is vastly different.
The only way that you can seek a settlement from your ex partners property when you are not married and the property was in her sole name is ***** ***** Trust of Land Act.
To establish a claim under the Trust of Land Act then you would have had to have either made payments towards the mortgage or have added value to the property by way of renovation / redecoration. If neither applies to you then I am sorry to tell you that there is no legal route for you to make a claim in relation to the property.
You are of course entitled to any of the furnishings and personal items that you may have bought.
I appreciate that what I am telling you is not what you want to hear - and it is certainly not the advice I want to give - but I have a duty to be honest.
Kind Regards
Caroline
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Customer: replied 2 years ago.
We put a double extension on the property of which I did 80% of the work..I'm a self employed plasterer and did the new extension and renovated the existing..would I be able to claim the value of the works ?
Thank you jonathan
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Thank you for your response.
Yes - you would then be able to make a claim in respect of the added value to the property. You should seek to negotiate with your ex on this basis.
If your ex and you cant agree - then you would need to make a Claim on Form N208 - This is also called a claim Form Part 8. You would need to provide a statement in support of your application - detailing as much as possible in respect of the works that you have completed, material costs, your labour etc. You can ask the court for a declaration as to your interest in the property and also an order for sale to realise your interest.
Kind Regards
Caroline
Please remember to rate positively.
Customer: replied 2 years ago.
Thank you for your help it's much appreciated..just another quick one will I need a solicitor for this or will I be able to this independently?? And is there a lot of cost involved?
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Your are very welcome
You won't be able to get legal aid under the new rules unless your ex has been violent towards you.
Solicitor's fees for these types of cases are usually around £5k
You can represent yourself. The only fee payable to the court is £280.
Kind Regards
Caroline
Positive feedback is gratefully received.
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