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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33817
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 have recently split with my partner of 25 years, Im I entitled

Resolved Question:

I have recently split with my partner of 25 years, Im I entitled to a claim on the property
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstHow much is the house worth and how much is outstanding on the mortgageWho owns the property?
Customer: replied 1 year ago.
The house is worth approx. 200,000,don't no exactly what is left to pay, cant be that much I would have thought, my partner owns the property but I have always contributed.
Customer: replied 1 year ago.
to give you a bit of history, when we met, my partner had a property,3 years later she rents it out, I then bought a house on a 15 year repayment plan,3 years later we sell this house (mine) and put the profit towards the existing property, my partner took out the mortgage on this property under her name, I have just always given her a monthly payment.
Customer: replied 1 year ago.
my daughter has started university she is 18 years old, I also contribute to her living expenses, although I will pay these costs Im I legaly obliged to pay any costs.
Expert:  Clare replied 1 year ago.
may I ask why your name is ***** ***** the deeds given that you made a capital payment towards it?How much was the capital contribution and what monthly payments have you made?
Customer: replied 1 year ago.
I was not bothered at the time, the property that was under my name, the mortage was still taken from her account then,I allowed her to persue the new property, as she had just sold here property that she was renting for 2 years for £2,000 profit, she was just better at sorting that sort of stuff out as she works in that field, Ive just continued to make monthly contributions to the household,if my memory serve's me correctly the profit on my property was about £40,000 which went into the new property, the house hold contribution over the years has been between £450 - £550 per month which can be verified through the bank ect
Expert:  Clare replied 1 year ago.
How much was the monthly mortgage?
Customer: replied 1 year ago.
Sorry Claire I left all that to her, so I could not tell you.
Expert:  Clare replied 1 year ago.
Very rough guess - it is important.
Customer: replied 1 year ago.
would say between £300 - 350
Expert:  Clare replied 1 year ago.
Was the money that you paid meant to cover bills and food as well?
Customer: replied 1 year ago.
I would say my money went towards the costs as she has always worked and I have worked away for the past 10 years, during the period 1997 (when I bought my property) and my daughter was born until 2001 all my costs when to professional child care, my mortage was paid through her account which was supported by her wage & profit from renting her property,from 2001 we or she purchased the property in question, with my input & £40,000, daughter started school where I continued to contribute the same amount of money and have continued to do so up to now.
Expert:  Clare replied 1 year ago.
I remain a little confusedOver all the the years did you pay the same amount - even when you owned the property and she dealt with the mortgage?
Customer: replied 1 year ago.
During 1990 - 1997 I lived with her and paid towards the house keeping approx £400 per month,During 1998 - 2000 my wage paid for pre-school care of £450 and food and she paid the mortage on my property,from 2000 we sell and move to the property in question,I continue to pay £450 for child mider and food up to 2002 where my daughter started school,from 2002 she paid the mortage bills ect,my money went into the house do do what she wished over the years this payment increase to £500 pounds per month then to the present amount of £550 per month.
Expert:  Clare replied 1 year ago.
Has she offered anything at all
Customer: replied 1 year ago.
No,I know she will not be making any offer, this is why I need some direction.
Expert:  Clare replied 1 year ago.
The complicated nature of your financial relationship makes it difficult to assess what financial claim you have on the property - but it also makes it difficult for your ex to prove that you did not make a contribution.The fact that capital from your house was used to purchase the current property does give you a clear financial interest in the property - although the fact that she paid the mortgage on your property over the years is a complication.The monthly payments are less convincing as they were clearly well below the going rental rate You shoudl offer to attend Family Mediation with your ex to discuss your claim - you should look to claim a percentage that is equal to the percentage of the purchase price that £40,000 representsI hope that this is of assistance - please ask if you need further details
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33817
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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