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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34274
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My relationship ended 5 weeks ago. I was not on the house deeds

Customer Question

My relationship ended 5 weeks ago. I was not on the house deeds but paid towards mortgage and bills for over 7 years and paid for improvements amounting to over £25000. Can I make a claim to recover my contribution even though we were not married?
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 £25000 used for?
Clare
Customer: replied 2 years ago.

Hi

The house is worth approx £120000+ with £35000 mortgage outstanding.

Below is a copy is a copy of a report I am currently putting together. it outlines my expenditure on house improvements. Entries are taken from my bank statements or referral to my ex-partners bank account. I am also currently putting together a second half of the report to detail contribution to mortgage payments. My bank statements online go back to 2010 though I lived with my partner since 2007

Could you also advise if I can complete and submit a claim form to County Court without the need of solicitor help?

Thank you

David XXXX

This narrative is a summary of payments made by David XXXto ***** *****head in relation to the payment of mortgage, general household bills and other capital payments made to her following verbal agreement made to provide improvement of the home and as living together as a couple.

Property-78 Salmon Street South Shields Tyne/Wear NE33 2HE

Background

DavidXXX began living with Susan XXXX in September 2007. The property was owned by her at that time and since then no legal arrangements were made for DavidXXX to become a co-owner of the property. Since that time there was an agreed budget based on earnings to provide for mortgage, bills and general living costs. The amounts monthly varied for several reasons, including fluctuation of earnings and 3 periods spent living apart.

In July 2013 an agreement was made with David XXX by Susan XXX to take early retirement from his work in Local Government and to invest a substantial amount of capital in improving the property in question. Agreement was made on the basis that David XXX would have his name added to the deeds of the property in order to ensure fairness and acknowledge the investment made.

The remainder of this summary is divided into two sections:

  • Evidence of payments made by David XXX to provide the capital payments to buy the goods detailed for home improvements in the said property
  • Evidence of payment by David XXX into the Yorkshire Bank Current Account of Susan XXX as agreed to cover the cost of 50% of mortgage and bill payments

The online Bank Account of David XXXcan only be researched from 2010 until the current day. The majority of transactions can be traced from this statement in respect of payments made for goods and services and transfer of payments to Susan XXX in respect of goods purchase and bill payments. Provision of Bank Statements by her will clarify the receipt of payments made into her account and also of payments made for some goods and services using money transferred from David XXs account to her account

Summary of payments made by DavidXXX for goods and services in respect of the aforementioned property.

Date Payment to Amount Reason

9/8/13 S Whitehead £3155 Payment of Credit Card

13/8/13 UK Flooring £1410.62 Flooring Goods

20/8/13 UK Flooring £184.04 Flooring Goods

27/8/13 P Pawson £928 Fitting of Flooring

23/9/13 Barker and Stonehouse £2157 Furniture

23/9/13 World of Brass £89.91 Door Handles

23/9/13 Ikea £56.00 Household goods

23/9/13 Oak Furniture Land £2416.26 Bedroom furniture

23/9/13 Leading Edge £899.99 TV set

25/9/13 Select a Skip £156 Rubbish Removal

24/9/13 Percy Hudson £52.21 Flooring Goods

30/9/13 Discount Décor £161.90 Decorating materials

13/10/13 K Metters £360 xfer Deposit for bathroom installation

1/11/13 Bath Empire £886.88 Bathroom Goods

1/11/13 Classic Tiles £66 Bathroom Floor Tiles

16/11/13 K Metters £2600 cash Bathroom Installion

18/11/13 BQ £27.92 Decorating Tools

18/11/13 Décor Cladding £240 Wall Cladding

10/12/13 Redstone Catering £48.42 Plates

18/12/13 S Whitehead £25000 cash xfer

19/12/13 S Whitehead £5000 cash xfer

From the above sums of £25000 and £5000 further purchases were made as follows and paid for from the account of Susan XXXX either by debit card or cash payment

Installation of new kitchen units cost of £3600 fitting of £1000 =£4600 debit card used for units cash for installation

Installation of flooring in hallway dining room and kitchen £2200- materials £1600 from UK Flooring Direct paid by S Whitehead Debit Card

Installation of new rear shed door and window by P Pawson materials £560 fitting £80 and cost of new rear gate yet to be fitted £70 =£710 cash paid

Plastering of 3 rooms total £660 cash paid

Reception room furniture £370 paid by debit card

Fitting of TV to wall £70 paid cash to TVR Newcastle

Refurbishment of bedroom-- Carpet £400 paid by debit card Bedding £160

Additional Wardrobe purchase from Oak Furniture Land £550 paid by debit card

Exterior wall fence £550 paid cash

Kitchen Items £220 from Fenwicks Newcastle paid by debit card

1 Hoover £89.99 paid by debit card

1 steamer £50 cash

Blinds £400

Total Goods and Services in relation to property in question

£25656.14

Expert:  Clare replied 2 years ago.
Hi
You are entitled to remove all removable items that you purchased.
What I need to know is how much you spend on structural alterations and improvements and how much that increased the value of the property.
In addition how much did you pay on a monthly basis
Clare
Customer: replied 2 years ago.

The following work was carried out on the internal improvements and external improvements

Installation of new kitchen units cost of £3600 fitting of £1000 and other materials £700 =£5300

Installation of flooring in hallway dining room and kitchen £2200- (materials £1600}

Bathroom Installation £3300

Plastering of 3 rooms total £660

Installation of new rear shed door and window £560

Installation of exterior metal fence £550

Skip £156 (Rubbish Removal)

Internal decoration of all rooms approx £1500 including blinds etc

Roofing fixed £500

Refurbishment of interior doors including stripping and new door furniture and fitting £350

New lighting in 3 rooms £300

In addition to the above I paid approx £850 per month towards mortgage and bills and buildings insurances the remainder of my salary of £1800 was used towards food and other spending such as holidays xmas presents and spending money each month. From July 2013 my salary and pension came to £1470 and this was paid into ***** *****head's account each month and used also for mortgage, bill payments and insurances in addition to food and other spending money

Thank you for your help!

Expert:  Clare replied 2 years ago.
Hi
By how much do you think the work you paid for enhanced the value of the property?
How much was the going rent in the area for a property like that?
Clare
Customer: replied 2 years ago.

I would say the work enhanced the value by about 15;000. The rental of a 2 story 4 bed maisonnette is around 650 per month

Expert:  Clare replied 2 years ago.
HI
Whilst you have no right to reside in the property you do have a financial claim on it.
It is not a claim for 50% or anything close.
However you have paid for structural repairs and alterations which have improved the value of the property AND you have also clearly contributed to the mortgage.
Please be aware that simple redecorating does NOT have any value.
You and your ex need to try and negotiate a figure using Family mediation
www.familymediationhelpline.co.uk
If that fails you can apply to the court using the Trusts of Land and Appointment of Trustees Act
You can read more here
http://www.slatergordon.co.uk/media/2347003/land-disputes-a-guide-to-procedure.pdf
http://www.slatergordon.co.uk/media/388153/cohabitation.pdf
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Thanks for your excellence. Finally if I have to go to court do I need a solicitor to prepare my case or can I do thi myself. Also if fees are an issue in the short term could these be deducted from the final settlement

Thanks

David Ord

Expert:  Clare replied 2 years ago.
Hi
It is not the easiest of applications to make - but you are indeed allowed to deal with it in person
Clare
Clare and 3 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Sorry but can you tell me which forms are needed to make a financial claim under the Act you quoted and are there any copy letters I can refer to or use for the pre protocol procedure?

Many thanks

David

Expert:  Clare replied 2 years ago.
Hi
The starting point MUST be Family mediation
There is no standard template for the pre action letter
but you can adopt the guidelines set out here
http://www.slcsolicitors.com/guide-view.php?guide_id=17
The Claim form is here
http://wbus.westlaw.co.uk/forms/pdf/cpf00095.pdf
But you will need a separate and detailed
Particulars of Claim
Clare