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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33506
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My partner lived with me for four years. After two years I

Customer Question

My partner lived with me for four years. After two years I made a misjudgement and added her to the house. I supported her for the entire time she lived with me and she made no payments to the house apart from money towards an extension we had done. She is now 'entitled' to halve the profit on the property. Is that correct?

Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
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Nicola
Expert:  Nicola-mod replied 2 years ago.
Hello,
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Nicola
Customer: replied 2 years ago.

Hello

Happy to wait.

Many thanks

Mark

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
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?
What agreement was made at the time you added her to the deeds - and why did you actually do it?
Are there any children involved?
Clare
Customer: replied 2 years ago.

Hi Clare

The house is worth £620,000 and there is £235,000 outstanding on the mortgage. My partner came down to live here from Scotland. She sold her house down here and had £110,000. She invested £30,000 of that in some building work on the house but kept the rest. Please see our relevant figures over the period attached.

There was no agreement and I did it to provide her with security so that I couldn't just ask her to leave at anytime. Also I was told that if I didn't do it she would return to Scotland. There are no children involved. We are joint tenants.

She now wants £100,000, which seems a high return on an investment made two years ago. I originally offered her £50,000. I am continually threatened with court and having to hand over half the profit on the house if I don't do exactly as she wants, no negotiation. I want her to be ok but now feel like fighting the case. Just want to know if there is any point.

Thanks

Mark

Attachment: 2014-08-27_081456_payments_towards_house.docx

Expert:  Clare replied 2 years ago.
Hi
Was there any discussion at the time at all about what would happen if you separated?
Clare
Customer: replied 2 years ago.
No I'm afraid not. My intention was to make her feel secure rather than for her to leave and take half of my investment. However it wasn't discussed. Bit naive but I was expecting us to stay together.
Thanks
Mark
Expert:  Clare replied 2 years ago.
Hi
Did the work done with her money enhance the overall value of the property at all - if so by how much?
Clare
Customer: replied 2 years ago.
Next door which is the same as here but without the kitchen extension was valued recently at the same price as here, so it doesn't seem to have made a lot if difference to the value. Maybe 10k more.
Expert:  Clare replied 2 years ago.
Hi
Have you had a recent valuation?
Clare
Customer: replied 2 years ago.

Hi Clare

Had a valuation earlier this year which was for £625,000.

Thanks

Mark

Expert:  Clare replied 2 years ago.
Hi
Can you ask them what the value would be without the extension?
Clare
Customer: replied 2 years ago.

Next door which doesn't have the extension was £615,000. It's exactly the same hous although mine is in much better order throughout.

Thanks

Mark

Expert:  Clare replied 2 years ago.
Hi
Ok that is helpful.
You do have a problem - when you agreed to your partner's name going on the deeds you were in effect gifting her a share of the equity - and since you did not specify how much that share should be worth then by default it is assumed that it will be 50%.
However it is possible for you to argue that this was not your intention and that her share should be limited - your offer of £50,000 was realistic - but given the circumstances her request of £100,000 is not unreasonable either and could be achievable in the courts
The way forward is to try and negotiate with your ex using Family Mediation (www.familymediationhelpline.co.uk) to discuss the options.
If you cannot agree then you can apply to the court and ask the Judge to decide.
However you will both need to bear in mind the costs of doing so which could outweigh any advantage gained.
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33506
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.

Thanks Clare. I would love to discuss with Shona but she just tells me to go through her solicitor who seem to think she should really go for the 50%. Trying to be reasonable but just get threatened with court all the time. Thank you for your advice.

Expert:  Clare replied 2 years ago.
Hi
In that case write to her solicitors and offer mediation - this will be helpful if the matter goes to court
Clare

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