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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1100
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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Good evening, I have very recently separated from my partner

Customer Question

Good evening,
I have very recently separated from my partner who had paid my mortgage off last Christmas. We have no written agreement regarding it and he has now threatened legal action to recover the money. He says it's due to a material breach of a verbal contract.
Where do I stand with this?
Many thanks
Debra
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Welcome to Just Answer I am a Solicitor and will assist you. Please may I ask: - were you married?- did you have children together?- how much did your partner pay off your mortgage?- how long did you live together?- whilst living together did your partner also pay the mortgage payments (or part of)? or add value to the house through renovation? Kind Regards Caroline
Customer: replied 1 year ago.
Hello Caroline,In answer:
We weren't married.
We have no children together.
He paid off £100,000 (after 6 months of meeting).
We weren't living together when he paid it off. But I did move in to his place for just 3 months from February.
There was no monies spent on my house. I continued to pay the bills.Kind regards
Debra
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Debra Thank you for your response. Just a few more questions: - is your house in your sole name with the mortgage and land registry?- has he said when he will want repaying? - what is your house value? Kind Regards Caroline
Customer: replied 1 year ago.
it's in my sole name for both.
He says 6 weeks from tomorrow.
My house is worth about £325,000.Should I forward you his email?Regards
Debra
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Debra The law that deals with this type of case is the Trust of Land Act. Basically - even though you are the legal owner of the property - your ex has a beneficial interest in respect of your property for the £100k that he has paid. The harsh reality is that if you are not able to come to an agreement with him as to when he will be paid back the monies then he could apply to the local county court for a declaration as to his interest in your property and also for an order for sale of your property so that his interest can be realised. I know that this isn't what you want to hear but I do have to be honest with you. Things you can consider: 1) can you raise funds to pay him back? now or in installments? possibly obtain a mortgage?6 weeks is a bit of a stretch and it its going to take you longer than that - just tell him this is the case so that you can make enquires about raising the funds. 2) consider referring to family mediation. There are lots of family mediation services and there will be one local to you. Just google family mediation in your area and give them a call to get the ball rolling. Mediation can help you both agree when he will be repaid without the need for court. Do let me know if I can help you further. Kind Regards ***** ***** kindly remember to star rate our service so that we receive credit for helping you today
ukfamilysolicitor and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Ok thank you Caroline
Expert:  ukfamilysolicitor replied 1 year ago.
Thank you for using Just Answer If I can help further please do not hesitate to ask x
Customer: replied 1 year ago.
Just a quick aside. This was a gift with no contract does that still apply?
Kind regards
Customer: replied 1 year ago.
Sorry one more thing.
He paid the money to me and I settled the mortgage.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello This wouldnt affect his claim as the money has still come from him and he will likely have a paper trial from the money. You can argue that this was a gift but in reality it is a very large sum of money and the court will likely accept that he has interest in your property for that amount. do let me know if I can help you further Kind Regards Caroline