How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34497
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

I am unmarried, childless & recently seperated from a longterm

Resolved Question:

I am unmarried, childless & recently seperated from a longterm cohabiting relationship, have moved out of main home which was completely owned by ex partner, living in a holiday cottage which I have a quarter share, my partner owns a quarter share, the other half is owned by my Cousin & wife, trying to buy out my partner's share, have no concrete proof of vested interest in both properties despite considerable input in both properties, my cousin wants to know my legal rights, my interpretation of the law is that I have not much protection. Can you clarify where I stand in terms of the law & using a solicitor?
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 long were you living together and what financial contribution did you make to the property?
Were you ever engaged?
Clare
Customer: replied 2 years ago.
17.5 years living together, never engaged, property always in his name, no mortgage so no trackable payments!
Expert:  Clare replied 2 years ago.
Hi
But what payments DID you make over the years?
Clare
Customer: replied 2 years ago.
£190 a month housekeeping
Expert:  Clare replied 2 years ago.
Hi
Have you ever done any work on the house to help with structural alterations or improvements?
Did your ex ever promise you a share of the property?
Clare
Customer: replied 2 years ago.
Did loads of building work, painting & decorating for years but no proof, no promise of share, he originally wanted me to pay rent but I never did, acted like a wife!
Expert:  Clare replied 2 years ago.
Hi
Can you expand a little on the building work?
Clare
Customer: replied 2 years ago.
Knocking lathe & plaster with a crowbar, dumping rubble into skips, restoring spindles on staircase back to wood, skirting & doors same, sanding woodwork, painting rooms
Expert:  Clare replied 2 years ago.
Hi
The lathe and plaster and rubble part - what was that related to?
(yes clutching at straws BUT it could be important)
Clare
Customer: replied 2 years ago.
The house was gutted on the inside & totally modernised over a period of many years with both of us living through it, that was the main house I moved out of & we did the same with a smaller holiday cottage but I have a quarter share in that!
Expert:  Clare replied 2 years ago.
Hi
How much did the work increase the value by? (very rough guess)
Clare
Customer: replied 2 years ago.
House was bought for 35,000 outright by my partner, no mortgage, his money, value approx around £200, 000
Expert:  Clare replied 2 years ago.
Hi
How much of that is due to any increase in house prices in your area?
Clare
Customer: replied 2 years ago.
There was a big jump in house prices around the year 2000 which would be a considerable factor, not able to quantify it, houses were cheap in the 90's & got expensive with economic boom!
Expert:  Clare replied 2 years ago.
Hi
OK.
The work that you did to help you improve the property can give you a potential claim on the equity.
Not a large claim and not even a certain one - but certainly a claim that a court could uphold - possibly for something like 5-10% of the equity at most
This would be based on the physical work that you did on the property having created a Resultant Trust - the procedure would be longwinded and problematic - you can read about it here
http://www.slatergordon.co.uk/media/2347003/land-disputes-a-guide-to-procedure.pdf
BUT it could be worth while raising the issue in the negotiations on the other property as it will mean that your ex would avoid the potential costs of a court case
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Law Specialists are ready to help you