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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10268
Experience:  Barrister 17 years experience
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This problem is about my 30 year old Grandson. He has

Customer Question

Hello, This problem is about my 30 year old Grandson. He has been paying half the mortgage with his female partner. Her Father lent her 60k as the deposit and a mortgage granted in her name only, he had to sign the mortgage papers stating that if they split he would not squat in the property and would have no legal right as he is not on the mortgage. He has been paying half the monthly mortgage, this was done because he did not pay a deposit. His wages 1k and her wages 1.5k both monthly. These papers were drawn up by the mortgage company and her solicitor. He has contributed to the property as it was new and needed garden shed and garden to be sorted etc. Suddenly yesterday (27/8/15) she stated she no longer loved him and threw him out immediately.
Questions. Should he visit a solicitor ? Has he any chance of some financial recompense having paid towards the mortgage for the last 2 years as well as other household bills ?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Yes, your grandson has a right to the return of the capital sums paid off on the mortgage or else an interest in the property. However, he will have to give credit (a form of rent) for having lived in the property for two years. The agreement he signed is not effective to prevent him obtaining some recompense where he contributed to the mortgage. This is because where you have two cohabiting couples, ownership of the property is determined by both contributions to the initial purchase price as well as repayments of the capital sum owing under the mortgage. As your grandson contributed half the mortgage repayments, he is entitled to credit for these. Be aware, here, that repayments of interest do not count towards ownership so not all the contributions made by your grandson will be repaid. Only the element which amounted to repayment of the capital sum (not interest) due under the mortgage. However, it is only the mortgage repayments which count. Payment for items such as the garden shed or household bills do not count. Nor must they be repaid. If you require any further clarification, I will be happy to help.
Customer: replied 1 year ago.
Are you able to explain how 'a credit ' for rent would be assessed ?
Expert:  Buachaill replied 1 year ago.
2. Essentially it would be some sum which would represent the occupation element of your grandson. It would not be half the rent for the place, but some element to reflect the fact he was living there in someone else's property. A court would not require him to pay the true rental value but would place some value upon the fact he lived there.
Buachaill, Barrister
Category: Law
Satisfied Customers: 10268
Experience: Barrister 17 years experience
Buachaill and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Very many thanks for your very prompt and good service.
Expert:  Clare replied 1 year ago.
HiI am sorry but the above information is not entirely correct if the property is in England and WalesAs a starting point your Grandson is entitle to "reasonable written notice" to leave the property and if he has not received this then he can apply to the court for an Occupation Order allowing him to return there while he tries to rehouse himselfWith regard to his claim on the proceeds of sale that depends on what financial contribution he has made to any structural improvements or alterations to the property which have increased the value of the property.The Contributions towards the Mortgage payments MAY be enough to give him a claim assuming that they were made in addition to other payments for bills and food etc.The deciding factor will be whether or not what he paid was in excess of normal rents for the area.As a starting point your Grandson should try and negotiate with her ex using Family Mediation www.familymediationhelpline.co.ukClare

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