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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33501
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi there. I have recently separated from my fiancé who was

Customer Question

Hi there.
I have recently separated from my fiancé who was living with me.
The background is that we met abroad, he came back with me to my house in London. He didnt have a job, I was earning over £42K as a self employed person. After about 3 months he started working sporadically. He asked me to marry him and then I put the house on the market to buy a bigger one nearby, however, halfway through the transaction he told me he didn't want to live in London. So having lost money to the solicitor, and having recently set up a new company to run from home, but using the same London contacts I had used for the self employed company, I found a new home in Milton Keynes to buy and which is nearer to his own property and daughter from an earlier relationship who lives in Northampton. We moved in together. After almost three years of living there together the relationship broke down and he moved out about a month ago. My new business never really took off with a few small orders of about £2K at a time and only one with a profit of 14K but together with all of my savings I was able to pay my own way for the three years i.e., putting the equivalent amount into a bank account as he did to pay for the mortgage (paid by me), bills and food etc. I have no savings left and I now have the house on the market. He worked almost all of the time that he was living with me earning good money as an electrical engineer of about £50K annually and with some of this money he was able to buy a flat in Spain which was put in my name for tax reasons. Now he wants me to sign the flat over to him but I believe I have rights here and that he owes me money after the break up of our relationship.
Please can you advise what my rights could be and what to do about the flat (which I want to keep, or sell and take what I feel is owed to me). He wants it badly and so I believe it's my only bargaining tool. He also has the engagement ring.
Kind regards
Raquel
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.
How much is the property worth and how much is outstanding on the mortgage?
How was the actual purchase funded?
How much is the Spanish Property worth?
Clare
Customer: replied 2 years ago.

The property we lived in together and which I now have on the market, it's mine and was bought from the sale of my London home, is up for sale at £425.00 though Zoopla estimates its value at 437K. I've had it on for 4 months and have reduced the price for a quick sale. Outstanding on the mortgage is 196K. Funded through London sale.

Spanish property was bought for Euros 42K plus the recent refurbishment of E15.5K. I guess it's worth now about E65K.

Expert:  Clare replied 2 years ago.
HI
Sorry - just to check - it is the Spanish Property that you are asking about?
Clare
Customer: replied 2 years ago.

Yes.

Customer: replied 2 years ago.

Clare

I'm asking what my rights are. Can I get a settlement from him? The only way I can see him giving me money is either through the sale of the Spanish property or from his forthcoming wages.

Expert:  Clare replied 2 years ago.
Hi
What monies do you think he owes you?
Clare
Customer: replied 2 years ago.

I think he owes me half of the spanish property's value. I left London and three years of london income to move away and be with him when he asked me to marry him. I don't understand how he can walk away from the relationship with a whole new property which he saved up for during his time with me and which I helped him to save by supporting him after a hard day's work by looking after him and how it's acceptable that I find myself in a worst financial situation than I have been in for the last 20 years. He sold my car, kept the ring and left me extremely vulnerable without any regular income something he was well aware of.

The property is in my name so by rights it's mine but if it weren't in my name, what are my rights? Am I making myself clear or just waffling?

Expert:  Clare replied 2 years ago.
Hi
Not at all - I understand how you feel.
Unfortunately since you are not married legally he owes you nothing at all for those years - you remain two independent adults
HOWEVER you do have the flat in your name and that at least means that you have leverage.
However since the property is held in Spain it will be Spanish property law that applies and not Uk law.
Again this gives you leverage - you tell him how much you want to Transfer the property - point out that he could only afford to buy the property because you were subsidising it
Ask for half the value - settle for a third as litigation abroad will cause a great deal of stress!
Please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33501
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Clare


You've been great.


That's exactly what I thought, but wasn't sure as I don't know the legal system and have never been in a situation like this before.


Thank you very much.


Best regards and keep up the very useful assistance.


Raquel

Expert:  Clare replied 2 years ago.
Hi
You are welcome - I hope all goes well for you?
Clare

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