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Ask Harris Your Own Question
Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2738
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have split from my boyfriend due to his unreasonable

Customer Question

I have split from my boyfriend due to his unreasonable behaviour. We live together but the house is in my name. Can i make him leave? He has in fairness contributed so i need to buy him out somehow. What are my rights?
Submitted: 10 months ago.
Category: Family Law
Expert:  JG_Legal replied 10 months ago.

I'm a barrister, I think I can help with this.

Have you asked him to leave?

Customer: replied 10 months ago.
I have yes but he is refusing to go.
Expert:  JG_Legal replied 10 months ago.

On what basis is he refusing? How much did he contribute? What for? And was there an agreement (written or verbal) as to what trights he would acquire on making the contribution?

Customer: replied 10 months ago.
Nothing in writing but we bought this house a year ago and paid 50:50 for the deposit and to furnish it. We have also paid the same for the mortgage and the bills. I dont want to rip him off but need him out? Can he force me to sell?
Customer: replied 10 months ago.
Expert:  JG_Legal replied 10 months ago.

Is he on the mortgage?

Customer: replied 10 months ago.
No just me
Customer: replied 10 months ago.
This is the worst money ever spent do i get a response or what?
Expert:  Harris replied 10 months ago.

Hi, thank you for your question. Hopefully I will be able to assist, but some information is required before being able to provide you with appropriate information:

-Are you in England or Wales?

-Was there any intention that his contributions would be repaid or raise a share of the property?

-Are there any written agreements or deeds of trust?

Customer: replied 10 months ago.
Only my name on the deed but we always agreed to split 50 50. Nothing in writing
Customer: replied 10 months ago.
I am in england
Expert:  Harris replied 10 months ago.

Thank you for confirming. In the circumstances he has a right to seek a share of 50% of the equity - if this cannot be agreed directly between you he can seek an application to the county court.

In relation to him living in the property, he has no legal interest in the property and therefore you have the right to ask him to leave on reasonable notice.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Customer: replied 10 months ago.
What if there is no equity in the house? We have only had it 12 months
Expert:  Harris replied 10 months ago.

If there is no equity then he would not be entitled to anything. However, if he funded half the deposit, where has that equity gone?

Customer: replied 10 months ago.
Oh yes didnt think of the deposit. Can he make me sell? What if i pay his share in instalments as i cant afford to buy him out?
Expert:  Harris replied 10 months ago.

Firstly, what is the current approximate value and what is the outstanding mortgage?

Expert:  Harris replied 10 months ago.

Hi, this question remains open. Please could you provide the requested information so that I can continue assisting you.

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