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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33297
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Im about to split with my partner, however 8mths ago I invested

Customer Question

Im about to split with my partner, however 8mths ago I invested £20k into the 'relationship' & I have also paid apx £3k to homw improvements. I pay all the utility bills as we had set up a joint account for the house running bills. Standing orders come from both our own accounts into this one, he pays mortgage, I pay all utility bills. I need the £20k plus back to set myself up in a new home. Apart from the reference payment record, I have nothing in writing regarding this, what hope do I have !

Thanks
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.
What was the £20,000 used for
Clare
Customer: replied 2 years ago.
It was a so called buy into the relationship, he used the money to pay off credit cards etc so we could ' enjoy' life with less financial burden. I also payed for decking, outside paving and loft boarding to be done. A round 3k
Expert:  Clare replied 2 years ago.
Hi
Sorry - he charged you for entering a relationship with him?
Did he say it would give you a share of the house?
Clare
Customer: replied 2 years ago.

Hi, said would get name put on mortgage. This hasnt taken place to date. H

Expert:  Clare replied 2 years ago.
Hi
How much is the house worth and how much is outstanding on the mortgage?
Clare
Customer: replied 2 years ago.

Its a new build & only bought 3yrs ago. Worth £190k. So pretty much only paying interest right now. I just need the £20k back and half of what i spent on the decking etc. Then at least I can walk away and have something to start myself up again with,

Expert:  Clare replied 2 years ago.
Hi
Do you know how much he borrowed?
Clare
Customer: replied 2 years ago.

Its on an 80/20 purchase and apart from the deposit, i think the motgage was for the 80% of the £190k (the 20% is to be paid back within a 10yr lending time). Not quite sure where youre going with this ?

Expert:  Clare replied 2 years ago.
Hi
The issue is whether he has the money and what leverage you have!
Has he got any funds or are they all bound up in the house?
Clare
Customer: replied 2 years ago.

Sorry, dont know ! quite cloak and dagger about his money ! He has said during previous 'discussions' he would sort it. But not sure by what means, perhaps family.

Expert:  Clare replied 2 years ago.
Hi
From what you have said you can clearly claim that you understood that your £20,000 was you "buying into" the property and then you paid a further sum for improvements to the property.
On that basis you have a clear financial claim on the property and can apply to the court for an Order for sale and the division of the equity.
It is unlikely that he will wish to lose his property in this way and on that basis will hopefully find a way to raise the money
However you may well need to be very clear that you will make a claim under the Trusts of land and Appointment of Trustees Act if need be
You can read more about such claims 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
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

So I could make this claim without my name being on any legal document regarding the property ?

Expert:  Clare replied 2 years ago.
Hi
Yes indeed you can
Clare
Customer: replied 2 years ago.

Final query I think, Do i need to stay in the property to maintain these rights or could I move out and make the claim if he doesnt act willingly at discussion point, having told him of the information you have given me. If I got him to sign a 'letter' written by myself asking for these monies, would that stand as a viable document ? Thank you

Expert:  Clare replied 2 years ago.
Hi
Obviously your best bargaining point is that you are there and he doesn't want you to be - but moving out does not change your right to make a claim
Clare
Customer: replied 2 years ago.

would it be very wrong to keep the spare key (that I already have use of) to the nice 63 plate audi.. and use as an additional bargaining tool ..


 


Thats it thank you

Expert:  Clare replied 2 years ago.
Hi
I couldn't possibly comment on how difficult you might find it to find a key you have misplaced.....
Clare

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