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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34234
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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i have lived in our home for 17 years my ex owns the house

Resolved Question:

i have lived in our home for 17 years my ex owns the house the children are at university now and he wants me to leave with nothing as we were not married
he is married now with 2 small children and makes a good income i work also and make under the tax allowance he said im entitled to nothing and he will sell and have everything even thou i have paid my savings into the house over the years
is it right i should walk away with nothing ? he lives in a 7 bedroomed house in london and wants our family home in nottingham for his retirment fund thank you for your help
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 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 house worth and how much is outstanding on the mortgage?
What monies have you spent on the house
Clare
Customer: replied 3 years ago.

Hi The mortage is paid off.(almost 99 per cent sure) The house was valued at about 300 hundred thousand a long time ago maybe now its worth about 275 thousand.

I have paid for 2 bathrooms and the decking and the range cooker and my life savings I had when we moved in (10 thousand) which I spent on sanding the floors and litle trips for the children and eventually that was spent. My ex knows the law and tells me because I have not kept the

recipts that I have no entilitlement in his property .Both our names are ***** ***** building insurance as we are joint policy holders

hope that helps a little. many thanks nicola griffin.

Expert:  Clare replied 3 years ago.
Hi
Did he ever say that the house was yours as well?
Clate
Customer: replied 3 years ago.

No, he did not. thanks again nicola griffin

Customer: replied 3 years ago.

Hi no he didn't but before he married he said we could stay here

forever as its the girls family home. He now says when are you moving out I want to sell it and you can go and rent some where etc etc

many thanks nicola griffi n

Expert:  Clare replied 3 years ago.
Hi
Did he ever say that in front of any other witnesses?
Clare
Customer: replied 3 years ago.

no dont think so as we had small children and can honestly say no he didn't thank you nicola griffin

Expert:  Clare replied 3 years ago.
Hi
Do you know how much you spent on house improvements in total?
Clare
Customer: replied 3 years ago.
Some where about 30 thousand
Expert:  Clare replied 3 years ago.
Hi
How old are your children?
Clare
Customer: replied 3 years ago.
Hi. The twins are 19 years old thanks
Customer: replied 3 years ago.
Hi. Do I rate the service at the end of the
Talk ? When we finish or after each talk ?
Thanks again nicky griffin
Expert:  Clare replied 3 years ago.
Hi
Is there anyone who can confirm that you personally paid for the bathrooms?
Clare
Customer: replied 3 years ago.
Well the bathroom people did such a terrible job I took them to a tribunal and
I won the case and did not have to pay
Bathroom people the £4000 labour charge
And I bought bathroom sinks and tiles etc
From local shop which I belive may not be there any
More and have no paperwork from that as
It was 10 years ago Thanks. Nicky
Expert:  Clare replied 3 years ago.
Hi
That is good - very good.
Best guess on what the tiles etc cost - and the Decking and the Range - estimate will do
Clare
Customer: replied 3 years ago.

hi thanks so if I get estimates for everything than is that as far as this goes ? if I take hime to court will it be very expensive ? what do you suggest I do ? have I no rights at all ? thank you again nicky

Expert:  Clare replied 3 years ago.
Hi
Sorry - I meant just guess for me how much you spent on THOSE things so that I can help work out what you have a chance of achieving
Clare
Customer: replied 3 years ago.

hi I can workout how much I have spent. but the bit I am confussed

about is this am I able to claim a half of ownership of the house even if we were not married ? or even a third ? can I only ask for the amount I

have paid into the house ? if I take him to court for say £20 thousand wont my court fees be very high and there for no point or not much point ?

Has he got all the rights because we were not married ? hasnt the law changed ? many thanks again nicky

Expert:  Clare replied 3 years ago.
Hi
I am afraid that the fact that you are not married severely limits your option
Since you were not married you have no claim on the property by virtue of your relationship at all - there has been no change in the law in that regard.
However all is not lost as the financial contribution you have made to improving the structure of the property and thus its value DOES give you a financial claim.
Not a massive one - but a claim none the less and one which would cost your ex a great deal in Court fees if you take it to court.
Your starting point is to offer to go to Family Mediation with him (www.familymediationehlpline.co.uk) to agree a figure.
If that fails and he does give you written notice to leave then you can make an application to court under the Trusts of Land and Appointment of Trustees Act
If your ex is unreasonable and refuses to settle then he may well have yo pay your costs as well as his own - so there is pressure on him to settle as well
Please ask if you need further details
Clare
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