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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25961
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My partner and I have being in a relationship since sept 2009. In

Resolved Question:

My partner and I have being in a relationship since sept 2009.
In 2010 she sold her house and moved in with me into my rented accommodation.
She gave up her job and lived mainly of the interest from her house sale plus money from me for looking after the home and my daughter (living with me)
That house was now too small for all of us so we rented a larger house and moved into that in 2011. We were both on the rental agreement for this new home.
We wanted a house of our own together and so started looking. We eventually found our dream property, old and in need of renovation.
We had our offer accepted and proceeded to purchase to house.
I work for my self and was declared bankrupt in 2009 just before I met my partner. This Was why I was living in rented accomodation. This meant that I could not be on the morgage. So the 100k mortgage needed for the new house was solely in her name.
The house was 467k. My partner put in 387 from her previous house sale. The mortgage was 100k. The remaining 20k was spent on solicitors, stamp duty and moving.

Since then the three of us have been living happily , refurbishing the house.
I have been solely responsible for paying all the bills, food, holidays, and the 500/ month Motgage payment. My partner has not worked and has relied on me for financial support, which I happily gave as I thought we were a partners and working for the same end.
I have kept all receipts for work to the house that I have paid for, these amount to 18k
We have fully refurbished a house and the labour, blood sweat and tears have been great.
Late nights, every weekend etc.

We have now got to a situation where my partner says she can not live with my daughter and has asked me to move out and to sell the house so as to save our relationship.
I agreed to this and have rented a property locally so as to keep my daughter in the same school.

Arguments have got worse and now my partner says that she is not going to give me a penny from the sale of the house. The house has just be sold for 605k. Giving a 100k profit

I feel that the reason the house has increased by such an amount is because of the money and time that I have put into it. All I want is a fair amount for this.

There is also a lot of furniture and house hold goods ( oven, washing machine, tumble drier etc etc ) that I purchased over the time of our relationship. She says I cant have these either. Because I have moved out she says I have no rights to anything. Is this true? A lot of the items in the house I paid for but no longer have receipts.

I would appreciate you advice
Peter
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask if you entered into any form of declaration of trust in relation to the property please when you purchased it?

Joshua :

Has your partner been paid the money from the sale or is the solicitor holding it pending you resolving your dispute?

Joshua :

From what you say you have no children together please - is that correct?

Customer:

Hi Joshua

Customer:

Thankyou for coming back to me

Customer:

We did not enter into any written agreement.

Customer:

The house has not complete yet, only an offer has been accepted and the other parties are looking to complete within four weeks.

Customer:

We do not have any children together.

Joshua :

Thanks for the above. Is your partner willing to enter into any form of mediation?

Customer:

Unfortunately not. i have tried this

Joshua :

Thanks. Based on what you say you would appear to have a claim to the property on the basis that you can claim that your partner held the property on behalf of herself and you on something known as a resulting trust. resulting trust arises in respect of any money you contribute towards a property or any contribution you make in terms of improvements which can include your own time and skill should you have invested the same in the property. The rationale behind this is because any money or contributions such as the above you make to a property are not in law presumed to be a gift. If your partner wishes to argue that such contributions were a gift, the law places be obligation upon her to prove as much

In terms of the equity share you may claim you would be entitled to claim any capital you have put into the property in respect of any capital mortgage repayments you have made. You could also attempt a claim for the time and skill you have put into the project yourself (assuming you have).You could attempt a further claim for a share commensurate with your percentage investment for the uplift in the value of the property the project has generated.

Joshua :

You will need to evidence the monies you have put into the property in terms of invoices and receipts or evidence of payments made and on the balance of probability would need to evidence such time you have spent improving the property in terms of identifying improvements made and the likely commensurate uplift value. You may need a surveyor or estate agents valuations to assist you in this respect

Joshua :

Ideally, you would initially suggest mediation if informal discussions have proved fruitless and again propose mediation on the threat of litigation if she is not willing.

Joshua :

in the alternative, you can consider a claim in the County Court for a sum equivalent to the amount you consider that she holds upon the resulting trust in your favour. As above, you will need to fully quantify and demonstrate how you have reached the calculation is to your entitlement in respect of the property in a clear and succinct manner backed up by appropriate evidence where applicable such as valuations for the property, evidence of payments where you claim to have made such and so on.

Joshua :

are likely to require a solicitor to assist you with such an application though it is in principle possible for you to pursue such an application yourself

Joshua :

if you decide you would like assistance from a solicitor, you may wish to visit the below link in order to locate a solicitor locally that Assist you with a claim:

Joshua :

www.resolution.org.uk/‎

Joshua :

it is not possible generally to make a claim for payment outgoings such as bills and food and so on but rather typically a claim would be restricted to capital contributions you have made as above. If she has retained items which you purchased namely the household goods you refer to, you can require these to be returned to you or in the alternative damages to be paid to you in lieu as part of parcel of the above claim

Joshua :

is there anything above I can clarify for you?

Customer: Regarding item still in the house. How can I prove I own them with out receipts?
Customer: Your other advise is very helpful thank you
Joshua :

Sorry for the delay in reverting to you. I am glad the above was of assistance. Regarding items left in the property it is common for individuals in your situation do not to have receipts for such items and judges that hear such cases are well used to this. You need only show on the balance of probability that you own the goods. This would start with your statement that you purchased them. If you had any corroboratory evidence such as an email if bought online or a credit card statement showing the relevant transaction this can be helpful. If not then the judge will divide the goods according to what he believes is fair and who he believes based on the evidence given. If you do not have any further evidence as above, it can be helpful to actually attend the hearing so the judge can question you himself to establish your credibility in his eyes.

Joshua :

Does the above answer all your questions or is there anything I can clarify or help with any further?

Customer:

Thats is great thank you so much for your help

Customer:

I have left you good feed back.

Customer:

peter

Joshua :

A pleasure. If I can assist any further as the situation develops please do no hesitate to let me know.

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

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