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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33319
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My girlfirend and I may be splitting up. We have lived together

Customer Question

My girlfirend and I may be splitting up. We have lived together in the same house for 6 months. The house is in my name and apart from electric I pay all bills. If we split, is she entitled to any of the house? She did help towards the cost of the deposit but I have a letter where it was confirmed this was a gift.
Where do I stand legally on this?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year 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 did she pay towards the deposit?
Clare
Customer: replied 1 year ago.

The house was purchased for £247k and we owe about £219k. I have a letter we used back when we purchased that we used money from our joint savings to pay for the deposit. We than supplied bank statements to show the money was built up from us and that we agreed the money used was a 50 50 split from what we had put in and that the 50% used from my partners side was a gift.

Hope this helps.

Expert:  Clare replied 1 year ago.
Hi
So how much did you both put in?
Clare
Customer: replied 1 year ago.

Split down it was £12,350 each

Expert:  Clare replied 1 year ago.
Hi
What else was discussed at the time about the house ownership?
Clare
Customer: replied 1 year ago.
Nothing else mentioned and all documents under my name as I pay the mortgage.
Expert:  Clare replied 1 year ago.
Hi
So you and your ex never discussed the fact that her money was going into the house but her name was not on the deeds?
Clare
Customer: replied 1 year ago.
That's correct
Expert:  Clare replied 1 year ago.
Hi
The fact that her money was used means that she has a financial claim on the property.
You can argue that it was a gift - she will argue that it was only expressed as a gift for the purpose of the mortgage
If the court chooses to believe her then she will be granted a share of the property - possibly even 50% of the equity although that is considerably less certain and will depend upon your financial arrangements whilst you were together
Please ask if you need further details
Clare

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