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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33806
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My partner and I have split up and he's saying he's entitled

Resolved Question:

My partner and I have split up and he's saying he's entitled to my house? I am the sole name on the mortgage and have put the entire deposit down. I have been the one to pay for all alterations in the house and paid for food. He has contributed essentially a rent every month for 3 years. I have two children (not his) for which I am the sole provider. Can he make a claim?
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?
How much did your ex pay each month?
How old are the children - and please confirm that you are not married to him?
Clare
Customer: replied 2 years ago.
Hi
The house is worth around £500k and the mortgage is £350k. My children are 5 and 9 and we are not married. In addition my ex who still currently resides at the property is prone to violent outbursts and is bipolar. His previous relationship where he was married broke down due to his aggression and he was only allowed supervised contact with his children from this marriage. I am very concerned about how he will behave.
Expert:  Clare replied 2 years ago.
Hi
Then he has no financial clam on the property at all since he has made no financial contribution towards it.
He also has no right to live in the property.
You should give him two weeks written notice to leave.
At the end of that period if he has not moved out then simply change the locks the next time he is out and pack his belongings for collection - and call the police if he tries to return.
If he becomes violent after the notice then call the police for him to be removed from the property immediately
Please ask if you need further details
Clare
Customer: replied 2 years ago.
He has paid £1200 a month though for 3 years to be clear. Does that alter things? He is saying he has a vested financial interest ?
Many thanks
Expert:  Clare replied 2 years ago.
Hi
What is the going rate for rent in the area?
Clare
Customer: replied 2 years ago.
In a house similar to the one we live in around £1600 cpm excluding bills
Expert:  Clare replied 2 years ago.
Hi
In that case any claim he has is very minimal - maybe a few thousand at most and it will cost him more to try and pursue it = and he still has no right to live in the property
If he does try and take it further the starting point would be mediation at which point you could offer a small limy sum to get rid if him
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33806
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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