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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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i have been with my partner 8+ years.she wants to split up,i

Customer Question

i have been with my partner 8+ years.she wants to split up,i have spent thousands on improving the property as well as paying the bills..the property is in trust do i have a claim?
Submitted: 4 years ago.
Category: Law
Expert:  Clare replied 4 years ago.
Hi
Thank you for your question
I shall do my best to help you but I need some further information first
How much is the house worth and how much is outstanding on the mortgage?
Are there any children involved?
What do you mean when you say that the property is held in Trust
Claire
Customer: replied 4 years ago.

the house is paid for and is in a trust for my girlfriend,she has 2 children twins aged 14


 

Expert:  Clare replied 4 years ago.
Hi
Who placed it in trust and what work have you done?
By how much did the work you do increase the value of the property?
Claire
Customer: replied 4 years ago.

alterations to change kitchen into a kitchen diner shut lounge off an moved door..portch built..outside utility and toilet built..and a 6mx2m room block built room at end of garden built all sound proofed for a drum room with power all rendered with flat roof and back of house re rengered also..so prob put at least 30k on price

Expert:  Clare replied 4 years ago.
Hi
Can you prove that?
Claire
Customer: replied 4 years ago.

yes i have bank statements.have done more work light light fittings,numerous plastering an re rendered back of housethats without the thousands i have paid for other furnishings

Expert:  Clare replied 4 years ago.
Hi
Did you consult the Trustees before doing the work?
Claire
Customer: replied 4 years ago.

no,her dad knew but didn;t know i had to


 

Customer: replied 4 years ago.

no didn;t know i had to..he knew i was doing work

Expert:  Clare replied 4 years ago.
Hi
How much is the property worth?
Claire
Customer: replied 4 years ago.

2 hundred an 10 thousand approx


 

Expert:  Clare replied 4 years ago.
Hi
I am afraid that you have no right to stay in the property whatsoever although you do have the right to be given reasonable notice to leave.
You may however have a financial claim in respect of the work that you have done that has enhanced the value of the property.
This is a matter that you will have to negotiate with the Trustees - the fact that you did not consult them first MAY be a problem - although it will not necessarily be the case
The amount you can claim will be either the amount that you spent or the amount by which the value was enhanced
If it comes to a court claim then it would be wise to seek face to face legal advice
I hope that this is of assistance - please ask if you need further details
Claire