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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.
May I ask if you entered into any form of declaration of trust in relation to the property please when you purchased it?
Has your partner been paid the money from the sale or is the solicitor holding it pending you resolving your dispute?
From what you say you have no children together please - is that correct?
Thankyou for coming back to me
We did not enter into any written agreement.
The house has not complete yet, only an offer has been accepted and the other parties are looking to complete within four weeks.
We do not have any children together.
Thanks for the above. Is your partner willing to enter into any form of mediation?
Unfortunately not. i have tried this
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 muchIn 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.
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
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.
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.
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
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:
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
is there anything above I can clarify for you?
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.
Does the above answer all your questions or is there anything I can clarify or help with any further?
Thats is great thank you so much for your help
I have left you good feed back.
A pleasure. If I can assist any further as the situation develops please do no hesitate to let me know.
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