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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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Hi. I am looking for some advice. I moved in with my fiancee

Resolved Question:

Hi. I am looking for some advice. I moved in with my fiancee two years and now we are spliting up. When I moved in I paid off her debts of £20000, this was to buy into the house. Over the time I have been living here I have paid about £15000 improvements. We have got some debt on credit cards aswell. The debt on the credit cards is about £18000. The credit cards are in my name as my fiancée credit rating is low. I would like to know where I stand on the money side as I am having to move out. We didnt put anything in writing as it was done on trust. Pete c
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Thanks for your question. My name is ***** ***** I can help with this.

tdlawyer :

Can you tell me whether the card debt is shared please?

tdlawyer :

Also, did you reach a specific agreement in relation to the £20,000 debt payment?

tdlawyer :

I was thinking in the sense that, you might have agreed something would happen if you were to break up?

Customer: The credit card debt has been run up by both of us but the cards are in my name. The £20000 that I paid off her debts was my way of buying into the house as we want everything to be between us. We didn't really say anything as we didn't think we would break up. She not saying that say won't pay me anything but we don't know where we stand.
Customer: I don't understand if she has too come up with something for the debts and the money I have put in or have I lost everything as I was so stupid in not getting anything in writing.
tdlawyer :

Oh I see, so you agreed that the £20k was effectively your contribution to the house purchase. Okay.

tdlawyer :

Is the house also in your name?

Customer: No. We went to a financial adviser who said the mortgage was a good one and it wasn't worth mucking about with it.
Customer: I think am on the land register and the council tax
tdlawyer :

Okay - you need to check as you will also be on the mortgage if on the land registry, so one of your sentences there isn't right.

tdlawyer :

The point being this: if you're on the land registry, you will have agreed to be either a joint tenant or a tenant in common.

tdlawyer :

If you agreed to be a joint tenant, then you would own 50:50 of the equity irrespective of what you put in/how you put it in.

tdlawyer :

If you're tenants in common, then you might still be 50:50, but there is a greater prospect of the law recognising unequal contributions to the purchase price and giving credit for significant improvements.

tdlawyer :

So that would mean you'd get a share of the property sale proceeds.

tdlawyer :

I expect either way, you would get something out of the property sale because you agreed you were buying it together in effect.

tdlawyer :

Where you have no clear agreement (e.g. in writing) it's always tricky to work out exactly what you might get and most disputes are resolved by agreement. However, a court would look to how you hold the property (and you should check with the solicitor that sorted this for you) and whether you've agreed anything since.

Customer: It's her house I moved in when she had lived in the house for about six years . I have just found some paperwork about the land registry. We done a will and it was sent to them and we got a letter back that the land registry entry with the declaration of trust now noted. This is where I thought I was on the land registry. Do you think that my best way forward is to try and come to some sort of agreement between us over the money I put in and the credit card debt. I take it that the money I paid for work to the house won't count.
tdlawyer :

You've signed a declaration of trust, so you need to get a copy of that. This is done to set out your position in case you break up - so it looks like you might have something in writing already.

tdlawyer :

Get this from your solicitor the land registry.

tdlawyer :

It should help give you the answer that you need.

tdlawyer :

And yes, the money for house improvements may be recognised as increasing your share of the house - it depends what this declaration of trust says.

Customer: Ok thank you for your help. It's such a mined field. Thank you again.
tdlawyer :

It can be yes, but if we can give more information info later to help you, we will. On that note, can I just check that you're happy with the service given today please?

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