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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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My partner and I are going through relationship difficulties

Resolved Question:

My partner and I are going through relationship difficulties and may end up separating. The house we live in belongs to me, was bought in my name, the mortgage and all endownments are in my name, we have separate bank accounts, all of our finances have always been separate. When we moved in together 10 years ago she sold her previous home and had a sum of money from that property that she then invested in my house. My local solicitor drew up an agreement that stated she owned x % of the value of the house, if the value of the house rose then her sum of money also rise. During this time she has paid only ever for food and the gas / electric and she has done this from her bank account by d/d. We did have her 2 children living with us but they are now adults and have moved out. I have paid for everything else during this time including buying and running a car purely for her use for the whole 11 years we have been together. We have spoken about separating and it is our understanding that as we are not married and that the house and mortgage is solely in my name then she would only be entitled to her % share of the house at todays value which will be higher than it was 10 years ago. I have sufficient funds in savings to pay this if that is correct. I do not want to contact my solicitor to ascertain this because his secretary is a personal friend of ours. Please could you be so kind as to confirm if our understanding of this is correct? Thanks
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hi, thank you for your question. My name is XXXXX XXXXX I can help with this.

tdlawyer :

Your understanding is correct. When parties enter into an agreement at the point of purchasing a property, as to what would happen in the event that they separate, that will be applied by the courts later on in the event of separation.

tdlawyer :

As you are not married, non of the considerations that come with marriage need to be addressed.

tdlawyer :

As there were no subsequent payments to the house purchase price (other than the initial investment) there would be no additional entitlement to the property. The only other basis upon which an additional entitlements the property might arise, is where somebody carries out substantial improvements to the property.

tdlawyer :

However, making payments towards things like gas and electricity are typical usual everyday expenses, and will not assist in generating an interest in the property.

tdlawyer :

Does that answer your question?

Customer:

Yes thankyou. She has never contributed in any way to improvements or updates to the property or any of the contents. If I was to allow her to keep the car she is using (which is registered in my name but I would transfer that) would the value of the car need to be taken off of the sum of money that I would owe her? Thanks

tdlawyer :

That would be a matter of agreement between you. My suggestion would simply be that you discuss this, and make a written note of what you agree. Otherwise, she might say, that you had given her the car anyway and still owe her for her contribution in the property.

tdlawyer :

She might be entirely honourable, and not do such a thing, but you never know.

tdlawyer :

The sensible thing is always to take steps to protect yourself, and to record things in writing.

Customer:

Many thanks, XXXXX XXXXX sign off for now.

tdlawyer :

Thank you very much. Can I ask whether you are happy with the service today?

Customer:

Yes, just about to rate as Excellent.

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