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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 848
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I am in the process of splitting with my partner of 6 years.

Resolved Question:

I am in the process of splitting with my partner of 6 years. I moved into her place and after 6 months paid her £500 pcm rent. This lasted until June last year when I took out a 5yr loan of £25k to part pay for a loft extension to her house. The rest of it (c.£27k) I paid from savings etc. Earlier that year I paid c.£8000 for the bathroom to be done up. Previous year, I spent £7500 or thereabouts on the garden and small building in it.
I have, for 2.5 years, paid for phone/broadband for the house and for the last 3.5 paid the lion's share (95% at least) for the household food for her, her daughter and myself. My daughter visits roughly 1x every 3 weeks.
All bills to builders were paid by me, through my bank account, as was the £500pcm rent. Food/telephone is also showing through my bank.
What legal rights do I have in this situation? I'm not too worried about all the money, I just want to get rid of the £541pcm bank loan, that would be a constant reminder for the next 4 years. What can or should I do under this circumstance?
Thank you
Submitted: 11 months ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 11 months ago.

Hello

I am a Solicitor and will assist you.

Please may I ask:

- is the house is you ex's sole name?

Kind Regards

Caroline

Customer: replied 11 months ago.
Hi Caroline
Yes it is. We're not married.
Thanks
James
Expert:  ukfamilysolicitor replied 11 months ago.

Hello James

Thank you for your response.

You have detailed considerable contribution towards the renovation of your ex's property - so you can establish a claim under the Trust of Land Act for an equitable interest in the property even though the house is in your ex's sole name.

Unfortunately the rent you have paid wont be recoverable and neither will the household general expenses - as a Trust of Land Act claim only arises from a deposit being paid, direct payments towards the mortgage or adding to the value of the house through renovation.

First thing to do is to consider referring to family mediation. There are lots of family mediation services and there will be one local to you. Just google family mediation in your area and give them a call to get the ball rolling. This is strictly necessary but you may be able to reach agreement at mediation as to the extent of your interest in the property and also when you will receive your share back.

If mediation doesn't work - then you can apply to your local county court using Claim Form Part 8 for a declaration as to your interest in the property.

let me know if I can help you further.

kind regards

Caroline

Customer: replied 11 months ago.
Hi CarolineThat is understandable and sound, thank you. One last part and does it make any difference if I stay living there or go to anything? I wouldn't be homeless.Kind regardsJames
Expert:  ukfamilysolicitor replied 11 months ago.

Hello James

There is no issue with you remaining to live at the property - as long as things remain amicable.

You can choose to deal with the Trust of Land Act claim later if things are amicable now.

kind regards

Caroline

ukfamilysolicitor and other Family Law Specialists are ready to help you
Customer: replied 11 months ago.
Its certainly a frosty silence within the house at the moment, just checking that moving out didn't make any difference! Move it is then...Many thanks againJames
Expert:  ukfamilysolicitor replied 11 months ago.

I hope things work out for you.

kind regards

Caroline

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