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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
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Experience:  English solicitor with over 12 years experience
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I bought a house when i was with my boyfriend 17 years ago.

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I bought a house when i was with my boyfriend 17 years ago. He couldn't get a mortgage because of a CCJ against him. So I took on the whole mortgage in my sole name and the deeds are also in my sole name. I paid the mortgage for 5 years whilst we were together. He paid me a cheque Most months to go toward the bills during that time. I continued to pay the mortgate to date and he now claims the house is half his. He loaned me the deposit of £7k. Ive been paying for the upkeep and the mortgage ever since. Where do I stand legally please?
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

Did you agree with him at the time of purchase that it would be equal and I assume you did not marry him?
Customer: replied 3 years ago.

at the time i agreed it would be equal. we did not marry.


Just a year or so ago he said he did not want anything out of the house but asked if I would leave something in my will for his two sons and I agreed to do that. However, he is now wanting me to sell it and give him something based on what we both put in.

Expert:  UKSolicitorJA replied 3 years ago.
In that case I think he is being reasonable as you had agreed that the property would be equally owned despite you being on the mortgage and deed.

As he put money into the house, he has a share in it, this is known as resulting trust in law.

You may read about it here: http://www.inbrief.co.uk/estate-law/resulting-trusts.htm

Hope this helps
Customer: replied 3 years ago.

It was only ever a verbal agreement based on him paying me regularly and a certain amount each month - which he did not keep to. What if I were to say he was paying me rent during those 5 years?

Expert:  UKSolicitorJA replied 3 years ago.
That would amount to a lie as you know it is not the truth and lying to the court is a criminal offence.

You should work out his share based on his contributions and pay him this money if you do not wish to sell the property.

All the best
Customer: replied 3 years ago.

Do I include the total of his contributions ie towards payment of electricity and oil etc. And does the fact that we moved out of the property and rented for 4 years where he paid the rent. I then moved back into my house after we split?

Expert:  UKSolicitorJA replied 3 years ago.
You should include the rent he paid. Utilities not normally included but you should apportion them fairly.

All the best
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
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