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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33826
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have recently split with my partner of 9 years during which

Customer Question

I have recently split with my partner of 9 years during which time I lived in her house and contributed a minimum of £1500 per month towards the mortgage and bills. Do I have any claim over the property ?
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?
What was the actual mortgage payment each month?
Did you pay for any alterations or structural improvements to the property?
Clare
Customer: replied 2 years ago.

we lived in two houses during our time together, the first was worth £475,000 with a mortgage of £150,000 then down sized three years ago to a house worth £275,000 with a mortgage of £35,000.

The current mortgage payment being £140 per month. She earns approx. £800 per month so I basically bank rolled her, the house and her three children.

We did not make any structural improvements but obviously the money I paid her each month was used for decorating, furniture etc.

Please ley me know if you need any further information

Thank you

Richard

Expert:  Clare replied 2 years ago.
Hi
What happened to the extra capital?
Clare
Customer: replied 2 years ago.

Sorry it was a £200k mortgage on the first house, when we down sized she banked the £35k extra "for a rainy day"

Expert:  Clare replied 2 years ago.
Hi
Are any of the children also yours?
Clare
Customer: replied 2 years ago.

No, they were from her previous marriage. Not sure if you need to know but I have 2 daughters of my own but they live with their mother.

Expert:  Clare replied 2 years ago.
Hi
How old are her children?
Clare
Customer: replied 2 years ago.
Now they are 22, 19 & 16. Basically brought them up with minimal support from her ex husband financially - think she got £300 a month from him which reduced by £100 each time one went to Uni
Customer: replied 2 years ago.
Since we split in Juky I have also paid her £1000 per month as a support payment but now she has new boyfriend I will be stopping that
Expert:  Clare replied 2 years ago.
Hi
Yes please stop paying her anything.
When the last house was sold and the new one purchased why was the property not placed in joint names?
Clare
Customer: replied 2 years ago.

Lisa was keen to keep the asset in her name and as I had been through an IVA 5 years ago, it was also easier to keep the mortgage in her name at that time.

Expert:  Clare replied 2 years ago.
Hi
Did you ever discuss your having a share?
Clare
Customer: replied 2 years ago.

Wasn't really an option because of mortgage situation. My worry was always been left without a home if she died she always promised to be fair if anything happened and amended her will to leave me something like a £16,000 share if she died.

Expert:  Clare replied 2 years ago.
Hi
The fact that you paid so far over the odds each month, and that she made that promise does indeed give you a potential financial claim on the property
You can read more here
http://www.slatergordon.co.uk/media/388153/cohabitation.pdf
Such claims are not the simplest of things - so the starting point is to try and discuss matters first using Family mediation
www.familymediationhelpline.co.uk
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33826
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.

Hi Clare

Thanks for your advice, I agree mediation is best, ***** ***** come to an agreement that's fair.

Regards

Richard

Expert:  Clare replied 2 years ago.
Hi
I hope all goes well for you
Clare

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