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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have a question, not sure if you can help. Can

Resolved Question:

Hello,
I have a question, not sure if you can help.
Can my ex-partner establish a beneficial interest in my property despite the fact that he has never lived there? He is not on the mortgage or title deeds he did however loan me a sum of money towards the deposit.
Appreciate the assitance.
Emma
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 lend you and what was agreed regarding repayment?
Are there any children involved?
Clare
Customer: replied 2 years ago.
Hi Clare,The house is worth £330,000 to £360,000. There is £220,000 outstanding on a interest only mortgage. The purchase price was 245,000. It was bought in 2008.There are no children involved.It's complicated actually, I'm not sure if any of the following is relevant. My ex lent me 16,000 which went towards the deposit of my home, legal fees, DIY & furniture. We didn't agree on a repayment plan. He stated on many occasions that he didn't want any involvement with the house nor did he want the money back. I had always planned to pay him back as soon as I was in a position to do so. We eventually split up due to unreasonable behaviour on his behalf. We tried to remain friends afterwards but it was unfortunately not to be as he threatened to kill me after finding out I was dating another man following the end of our relationship. He stalked me, set up a bogus facebook page pretending to be a family member of mine and threatened to hurt my family. I realised at this point that he was dangerous and have lived in fear of him ever since. I was terrified and eventually had to turn to a close friend of his for help and advice as I was afraid of what he would do next. He acted as a mediator and was able to diffuse the situation and talk rationally to my ex partner which seemed to work. After this my ex partner pleaded with me to leave him alone, claiming that he needed time to himself, again stating that he didn't want the money that he gave me towards the deposit nor did he want anything to do with the house. I again stated that it was always my intention to pay it back. Two years later he got in contact again, this time claiming he was in a financially needy situation, and for the first time asked for the money back. I wasn't in a position to pay him 16,000 at that time so he asked me to sell the property to repay the money that he gave me. I immediately had it valued but it was in negative equity by £30,000 to £40,000 following the recession. For this reason a sale wasn't possible.Since then we have had no contact up until May last year. He called me to inform me that he had moved on and was married with a child to which I was relieved as he seemed calm and civil. He asked me for the 16,000 so we agreed upon a repayment plan. I made an initial payment of £1000 and have since been paying off £200 per month. We are in the process of negiotating this amount as he would prefer a lump sum.I've also spent between 30,000 to 35,000 on the property throughout the years.Thanks.Emma
Expert:  Clare replied 2 years ago.
Hi
The fact that he loaned you money for the deposit could indeed give him a potential claim on the property - especially since you are still asking him to wait for the balance of his monies.
The fact that he originally did not wish to be repaid is of some assistance - but set against the agreements subsequently made he does have a reasonable chance of forcing a sale if he choses to go to court
Please ask if you need further details
Clare
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