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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33326
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have been living with my partner for 3 and a half years and

Customer Question

I have been living with my partner for 3 and a half years and have been engaged to her for 2 years. I am not on the mortgage but I have been paying half towards the mortgage and the house hold bill for the past 3 and a half years. I have also payed around 8 to 10 thousand pounds in house improvements and probably brought new furniture and electrical goods throughout the whole house. she has asked me to leave and move out straight the way. do I have to move out? what rights do I have?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the property worth and how much is outstanding on the mortgage?
How much did the improvements increase the value of the property?
Clare
Customer: replied 2 years ago.


the property is worth around £110,000. there is £55,000 left on the mortgage. I spent £4,000 on installing central heating. I had all the interior walls re-plastered and redecorated throughout. It has probably increased the value of the house by £15,000.

Expert:  Clare replied 2 years ago.
Hi
Then you have a potential interest in the property on the basis of there being a Resulting Trust - that you invested the money on the basis that you would have a financial interest in the property
You can read more here
http://www.crippslink.com/index.php?option=com_content&view=article&id=718:cohabitation-a-review-of-the-trusts-of-land-and-appointment-of-trustees-act-1997&catid=32:property-disputes&Itemid=537
This does not give you the right to remain in the property - although you are still entitled to "reasonable written notice" to leave - at least 28 days would be seen as reasonable
You need to try and negotiate with your ex using Family mediation (www.familymediationhelpline.co,uk) to agree a settlement
Please ask if you need further details
Clare

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