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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33325
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi Im a woman who as been with her partner for 5 years

Customer Question

Hi
I'm a gay woman who as been with her partner for 5 years we bought a house togather exactly 4 years ago. However for quite a good reason at the time we put the morgage in her name. Which is as remained for the last 4 years. She as now told me that she no longer wants to be in the relationship and I am worried sick.
I put down all the deposit on the house from the proceeds from my previous home and no agreement was drawn up, however there is a legal paper trail as I had to sign to say where the money came from.
I also paid off a number of her debts and until this year have earnt double her income. We have always had a joint account so this is traceable too.
I am just wondering what legal rights I have because she refuses to sell the house in it's current condition (we bought it to do up) and it needs a further £7000 spending on it, I do not want to live there because it is difficult but I know if I leave I'm giving up the rights, but I also do not want to spend further cash if my ex will turn round in 3 months and say she still will not sell/ give me a cut of the profits.
Where do I stand I this legally. We were in a commited long term relationship that I would have spent the rest of my life in, we were engaged in year one and planned on getting married.
Thanks alison
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 house worth and how much is outstanding on the mortgage.
How much have you spent on the deposit mortgage and any work done?
CLare
Customer: replied 2 years ago.
Hi Clare
There is 57000 left on morgage
Deposit was 11000
House when complete will be worth 97000 to 100000
Money spent in total by time complete. 20000
Hope this helps
Alison
Customer: replied 2 years ago.
Hi did you get my reply thanks
Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay I was unexpectedly off line.
How much is the property worth as it stands
Clare
Customer: replied 2 years ago.
About 85000 currently
Expert:  Clare replied 2 years ago.
Hi
Does she have the funds to do the work or is she reliant on you?
Have you discussed the issues at all?
Clare
Customer: replied 2 years ago.
We both earn good wages now and yes we both could complete the house and pay bills ect if the other moved out. Both are financially independent .
Yes she as said she is going to be decent about it ... For now but things are getting strained because we are still living to gather. I am looking into buying her out and transferring names over on the mortgage but this comes with difficulties and I'm am worried she could just leave me with nothing
Thanks
Expert:  Clare replied 2 years ago.
Hi
The fact that you made a financial contribution to the property and that there was a clear understanding that the property was a home for both of you which belonged to you both means that you would be able to make a Successful Claim under the Trusts of Land and Appointment of Trustees Act
They are not the simplest of applications - but a clear letter before action setting out the position - and the costs of going to court - can be very successful
You can read more here
http://www.slatergordon.co.uk/media/2347003/land-disputes-a-guide-to-procedure.pdf
From what you have said there is no reason why you should not receive 50% of the equity
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.
Hi Clare thanks for this just one further thing for clarification. She cannot ask me to leave or change llocks while Ii am out. I have told her because if the amount I have invested in to the house I am staying and she us signing all over to me. I don't think she is happy but as I am going no where , she does not have a choice.
I have reviewed all bank statements and found evidence of me paying nearly 5500 pounds worth of debts off of hers just as we moved in togather. I had the money and wanted a clean slate . I have the cheque numbers statements ect. I also have evidence of earning through bank statements so feel a little more relaxed about everything.
Could you also just let me know where I stand with the 4 dogs we have , they are all registered in her name, however all but one was bought while I. The relationship . I told her we could have a joint custody thing because that was only fair to dogs being socialize ect but she as refused and said she won't do that as she is not messying around and would rather split them up.
Thanks again Alison
Expert:  Clare replied 2 years ago.
Hi
I am sorry but in the eyes of the las if the dogs are Registered in her name then they are hers.
In addition I must say that in fact she can give you written notice to leave - so long as it is "reasonable" - at least 28 days.
You would then have to apply to the courts for a sale of the property and the division of the equity
Your ex is also entitled to claim that the payment of her debts was a gift from you to her and for that not to be included
Clare

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