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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi-further to the above, so after taking possession of the

Customer Question

Hi-further to the above, so after taking possession of the property, I then want to buy him out.
He still owes me approx £20k from when we lived together - I paid the mortgage for 5 years, council tax, service charges, utility bills etc. He ran up a large tab and made little effort to repay.
I would like this money to be taken off the total to buy out his equity share. How would I go about this?
Submitted: 4 years ago.
Category: Law
Expert:  Clare replied 4 years ago.
Hi
That you for your question
I shall do my best to assist you but I will need some further information first.
How much is the property worth and how much is outstanding on the mortgage?
Claire
Customer: replied 4 years ago.
He has had it valued at £550k. The mortgage is £315k.
Expert:  Clare replied 4 years ago.
Hi
If the £20,000 you are referring to relates to when you were living together did he agree to repay you that amount when you separated?
Claire
Customer: replied 4 years ago.
He still owed me that when we separated. I can evidence the money via mortgage payments, council tax, repair bills for common parts, utilities, service charges.
After he left I continued to pay all of the above even though we had no agreement that I would.
Expert:  Clare replied 4 years ago.
Hi
But did he actually agree to make that payment?
Claire
Customer: replied 4 years ago.


not in writing. but the mortgage came out of my account as he was unreliable with money. he paid me some money sporadically.

Expert:  Clare replied 4 years ago.
Hi
Then I am afraid that you cannot now seek to "claim back" the money that he did not pay whilst you were still living together - and once he had left there was no requirement for him to do so.
If you wish to spend the money you could try and sue him for his share of the bills - but you will need to be able to produce evidence of all the payments
I appreciate that this is disappointing - but please ask if you need further details
Claire