How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Aston Lawyer Your Own Question

Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10176
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
16368554
Type Your Law Question Here...
Aston Lawyer is online now

Hi, My Ex Girlfriend and I bought a house last year together.

Customer Question

Hi,

My Ex Girlfriend and I bought a house last year together. We both put £10k deposit in each. The mortgage is in my name only and there is no legal binding document set for her £10k contibution. We owned the property since Aug 12. She and I separated in Jan 13 and she moved out. She hasn't paid any mortgage or utilities since she left and knows her name is XXXXX XXXXX the mortgage and left me to pay all the bills. I fully understood the risk when the mortgage was in my name, however, she now wants her 10k deposit back. What are her and my rights.

Rgds
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.

 

Hi there,

 

Thanks for your enquiry.

 

Even though the property is in your sole name, and hence you are the legal owner, your ex partner has what is called an "equitable interest " in the property, meaning she has made a financial contribution to the property, being £10,000.

 

Although I appreciate you have been left with all the Bills/Mortgage etc, the day to day bills are expenses you are incurring, she has contributed £10,000 towards the purchase price of the house, and it would be unequitable (unfair) for you to in effect walk off with this money/contribution.

 

Your ex partner could issue court proceedings to claim her money back.

 

I am sorry this is not the answer you were looking for, but I am just setting out the legal position.

 

If I have answered your question, I would be grateful if you could leave positive feedback.

 

Kind Regards

AL

Customer: replied 3 years ago.
Many thanks for your reply, but I don't deem the information worth £40. Surely she has to prove that the £10 went down as a deposit.
Expert:  Aston Lawyer replied 3 years ago.

 

Hi,

 

Thanks for your reply.

 

You are correct in that if she went to Court, it would be her word against yours, but no doubt she would be able to provide evidence by way of an old Bank statement or other, to show she had made this payment.

 

Of course, you may want to chance your luck and hope she doesn't take any Court action, as this will be expensive in itself, but I have tried to give you the legal overview, for which a local Solicitor would have charged you a lot more.

 

Please feel free to come back to me if you need any further clarification.

 

Kind Regards

AL

 

 

Customer: replied 3 years ago.
So how does the Law of Property (Miscellaneous Provisions) Act 1989 affect the equitable interest?
Expert:  Aston Lawyer replied 3 years ago.

 

Hi,

 

Your issue has nothing to do with the above Act, which deals with Contracts/ agreements for Sale between a Seller and a Buyer.

 

Your ex partner has an "equitable interest" in the property, just like your Mortgage Company has a financial interest in your property.

 

Kind Regards

AL

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice