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Thomas Judge
Thomas Judge, Lawyer
Category: Law
Satisfied Customers: 32980
Experience:  Over 25 years experience in law
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I wanted some legal advice on the below situation. I

Resolved Question:

Hi,
I wanted some legal advice on the below situation.
I have recently parted ways with my boyfriend. Whilst we were together I bought a share of a flat under the Shared Ownership scheme. My boyfriend at the time paid £4K into my account with no reference as he wanted to opt in to the deposit. The total deposit was £11k the rest funded by myself.
The purchase and land registry is all in my name only, I paid all the mortgage/rent payments etc and he paid me whatever he owed for rent/bills into my account monthly, again, with no reference.
Now we have split he has emailed me asking to settle on the flat and saying he wants £15K. There has been no calculations provided to how he got to that sum, however I wanted some legal advice as to how much I owe him legally as I hope it does not go to court or anything. Please can you help at all, and advise what my next steps should be?
The last contact I had was just to reply saying he needed to send a financial breakdown of his claim to me in writing explaining what it was for but I am yet to hear anything?
Thank you
Louise
Submitted: 1 year ago.
Category: Law
Expert:  Thomas Judge replied 1 year ago.
Were both names on the deeds or just yours? Was the intention that you were being the property together?
Customer: replied 1 year ago.
Only my name is ***** ***** deeds, the mortgage and the rental agreement
The intention was I could afford the deposit alone, however he insisted on contributing so he put £4k in
We didn't have any agreement drawn up or discussion as to what would happen if we split up
Expert:  Thomas Judge replied 1 year ago.
I see on the basis that he contributed to part of the deposit he is clearly going to run an argument that he has a share in the equity in the property - this argument will have some force before the court. But at best it would appear to only be about 1/3 of the deposit - what you would normally do is work out the equity in the property (get a valuation and deduct the costs and mortgage - the costs would be the estate agents and solicitors to sell) and then I would suggest making him an offer if there is any money in the property. But I certainly would not be agreeing to a random figure without a breakdown. Happy to discuss but please rate positive.
Customer: replied 1 year ago.
Hi thomas,When I have had a look on the citizen advice bureau and spoken to my lawyer friend it suggests that a payment into my account with no reference could be seen as a loan in a court of law as there was no written agreement. The CAB website also suggests this
Do you not think this could be the case?
Do you think I should get a solicitor or try and settle it myself in writing?
thanks for your help
Louise
Expert:  Thomas Judge replied 1 year ago.
I agree that he could be seen as a loan - the difficulty is that I imagine your ex will say that it was not a loan. The last thing you would want is this to go to litigation (it can all get v expensive) and if there is a way to settle without going to court then this should clearly be explored. I think you should get a solicitor - but the key is if we take the view that his max is likely to be a third of the equity - are we at present talking about very much? Please rate positive
Customer: replied 1 year ago.
Hi Thomas
We are talking about £6-7k if it's a percentage of current value of my share
And £4500 if it was seen as a loan at current interest rate
Not a huge difference but we didn't end on good terms on his part so it would make a big difference to me
Expert:  Thomas Judge replied 1 year ago.
I see - then I would go with the letter from a solicitor telling him that he does not have an interest in the property and it was merely a loan. Happy to discuss but please rate positive.
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