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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34263
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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separation and property

Resolved Question:

I am splitting up with a same sex partner of 20 years. We are not married or civil partnered. My flat is in my name only, but he has used it approximately 4-6 days per month as a base for his work. We are so far very amicable in our separation. The flat is owned by me and only my name is ***** ***** and only I have paid mortgage. However, 8 years ago he gave me a gift of £20,000 as deposit and moving expenses. There is no formal record of the intention of this gift and he just wrote me a cheque for this amount. No formal deeds or entitlement were established. Would he have any claim on the property either now or if I were to sell the property?

The money he gave me will clearly appear in historical bank statements, but there is no record of any intention of its purpose.

Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What was the purchase price and how much is the property worth now - an dhow much is outstanding on the mortgage?
Customer: replied 2 years ago.

Thanks Clare,

Purchase price of £111.000. Now worth approx. £120 000. Outstanding mortgage of £85 000.

Customer: replied 2 years ago.

Relist: Answer came too late. I posted this question approx. 9 hours ago and, whilst not expecting an instant answer, I chose this form of advice to avoid a long delay or need for an appointment

Purchase price £111 000

Equity approx. £30 000

Expert:  Clare replied 2 years ago.
I am sorry - we are all working lawyers which mean that we are not always on line.
Also sadly when you re list it it automatically goes to the bottom of the list that I have to work through in order
However to deal with your question it is not straightforward I am afraid.
Whilst the gift may well have been made with no strings attached from your point of view, no doubt your ex will argue that he gave it as a deposit for the house and that he expected to have a share in the property
You can read more here
The issue will be which evidence the Court will believe IF your ex decides to make a claim.
If he does not - then fine - if he does then I would suggest that you try and discuss matters using Family Mediation
I hope that this is of assistance - please ask if you need further details
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