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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33541
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Claire I need some initial advice. I recently split from

Resolved Question:

Hi Claire I need some initial advice. I recently split from my partner of 5 years, i lived in scotland her in England. Through out the term of our relationship I paid into her flat, half the mortgage and gave her money to help get her mortgage £5k. I never got anything in writing as she sai if anything happened she would ensure she paid me back. Things have got a bit nasty and she has told me to take her to court for it and I wont have a leg to stand on as no agreement in place. She also works for the police
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Clare :

Hi Thank you for your question.

Clare :

My name is ***** ***** I will do my best to help you but I need some further information first.

Clare :

how much is the property worth and how much is outstanding on the mortgage?

Clare :

Is £5,000 what you paid in total?

Expert:  Clare replied 1 year ago.
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Customer: replied 1 year ago.

Property is worth approx £190k, mortgage will be approx 140k maybe less as her parents helped her out also.

I have paid between 400 and 300 to the property each month for approx 2yrs together with 5k when she initially bought property. None of it is in my name. I have bank statements showing me transferring payments too her each month.

I also paid for a sofa over the term, cost 2.5k and credit agreement was in my name and funds came out my account.

Expert:  Clare replied 1 year ago.
Hi
How much was the going price for rent in the area?
Clare
Customer: replied 1 year ago.

850pm

Expert:  Clare replied 1 year ago.
Hi
Did you pay for any alterations or structural improvements to the property?
Clare
Customer: replied 1 year ago.
No
Expert:  Clare replied 1 year ago.
Hi
How much was the full deposit - what percentage was your contribution?
Clare
Customer: replied 1 year ago.
Hi Clare
Happy to keep answering questions but i paid extra for a quick answer would it not be better to ask me all the questions you have at one time?
It was about 40k mine was 5k
Expert:  Clare replied 1 year ago.
Hi
My apologies for the delay
You do have a financial claim on the property by virtue of the small percentage of the deposit that you paid.
The monthly payments do not assist you as they were lower than the going rental at the time and will therefore be seen as simple living expenses.
However paying 12.5 % of the deposit sets you up to claim that you are entitled to 12.5% of the equity by virtue of an implied trust
You can read more here
http://www.slatergordon.co.uk/media/388153/cohabitation.pdf
You shoudl offer to discuss the matter with your ex using Family mediation
www.familymediationhelpline.co.uk
making it clear that you will indeed make a court claim if necessary
Please ask if you need further details
Clare
Customer: replied 1 year ago.
Can I just check one thing I had a property which I was paying my own mortgage on, she never paid me a penny. So at the time I was paying my mortgage and also paying half her mortgage, I was not actual living at her address just stayed on occasion, does that change anything?
Thanks for your time
Expert:  Clare replied 1 year ago.
Hi
It could increase your claim a little - but the deposit remains your strongest claim
Clare
Customer: replied 1 year ago.
Thanks!
Expert:  Clare replied 1 year ago.
HI
You are most welcome I hope all goes well
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33541
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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