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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2848
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I plit with my partner of fifteen years nearly two years

Customer Question

Hi
I plit with my partner of fifteen years nearly two years ago. Our Daughter of leven year of age has lived with me for the last two years and this appears to be the case for the future.
As a couple we bought a property in 2002. My Partner invested £10,000 at the initial purchase and the deeds were left in her name only. The rest of the initial cost was paid by credit card and paid over time by both of us. After two years we had an opportunity to by the freehold for the property. This was paid for out of the proceed of the sale of another house that was in my name, there was still no change to the deeds. During our time at the property I have been responsible for the paying of the majority of bills and repairs. I have also paid for two major renovations costing about £25,000.
We have now sold the property. About a year ago we agreed to sell and had a verbal agreement to a 50 / 50 split. My ex-partner is now saying that she has full control of the funds from the sale. She wants to keep about 75% leaving 25% to me to provide a home for our Daughter and myself. I have tried to discuss the issue with her where she is willing to be more flexable but will not be specific.
Where do I stand?
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
Are you/were you married to her? Have there been any formal agreements or a deed of trust regarding your contributions and respective shares in the property?
Harris, Law Specialist
Category: Law
Satisfied Customers: 2848
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
We were not married and no formal agreements or deed of trust
Expert:  Harris replied 1 year ago.
Thank you for the confirmation.
Unfortunately, legally and in the first instance any property held between cohabitees / non-married parties will be for the benefit of the person who holds the title unless there is a deed of trust or formal agreement.
However, as you have made considerable contributions your share of the property should be in accordance with your contributions - she has stated that she is willing to provide you with 25% of the proceeds of sale, but you will need to calculate how much your total contributions were and in accordance with the equity, calculate how much you should be entitled to.
If no agreement can be reached for an amicable settlement you are entitled to pursue an application to court, however such application will be very costly if legally represented and you would need to check whether the potential value of a 50-50 split is beneficial in comparison to the costs.
Expert:  Clare replied 1 year ago.
HiMy name is ***** ***** I have been a family lawyer for more than 30 years.Just to add to the above in fact you have some excellent arguments that would substantiate your claim for 50% of the proceeds of sale.The use of funds from the sale of your other house, and the repairs you paid for are strong argumentsYou have not said anything about a mortgage - and that is an important issue.In addition you need to be aware that the housing needs of your daughter are a priority - and you could make a claim using Schedule 1 of the Children Act either for the right to remain there - or for sufficient funds to purchase another property (with the balance payable to your ex when the child is 18)Clare