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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 865
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I have been living and engaged to my partner years. He

Customer Question

I have been living and engaged to my partner for six years. He decided he no longer wants me in his house which he solely owns. I have left the house leaving behind a lot of my belongings furnishings etc. plus all the garden plants and furniture I solely paid for. I have receipts and bank statements for all the things I have paid for. He would not let me pay a bill or anything he thought would have my name on it. I paid the Talk Talk bill which was in my name till he recently changed it to E.E. My name was also jointly on the council tax form . I had to pay for all the food cleaning products etc. anything that didn't have proof of my providing to the home. He no wont let me in to the property to retrieve my things and said I cannot take any o my garden plants. Please can someone help me. I don't want anything from him only what is rightly mine.
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.

I am very sorry to hear about the difficulties you are going through with your ex.

Please may I ask a few questions to fully assist you:

- In respect of the property - although I understand that you did not pay the mortgage - did you 1) pay a deposit? 2) add value to the house through renovation?

- Did you have children together?

Kindest Regards

Caroline

Customer: replied 1 year ago.
I did not pay towards the house at all he bought it outright .I helped with all the decorating , I did pay towards cosmetics furnishings décor etc. I also revamped the garden and paid for it.
I am 71 years old so children do not come into it.
Expert:  ukfamilysolicitor replied 1 year ago.

Hello

Thank you for your response.

Please can you confirm - how much did you contribute in monetary value towards the refurbishments? what value would you say the work that you undertook and paid for added to the property?

Kindest Regards

Caroline

Customer: replied 1 year ago.
freezer £750.00 cooker £249.97 conservatory suite £699.00 all soft furnishings about £300 00 garden produce over £1.000 much more over the 6 years I am just going through my bank statements now. Its hard to put a cost without totalling it all up
Expert:  ukfamilysolicitor replied 1 year ago.

Hello

Thank you for confirming this for me.

I will prepare an answer for you now.

This will take me about 10 - 15 minutes to type for you.

kind Regards

Caroline

Expert:  ukfamilysolicitor replied 1 year ago.

Hello

The area of law that deals with property disputes in respect of unmarried couples is the Trust of Land Act.

As the property is in your ex’s sole name then he is the legal owner of the property.

It is possible for a non legal owner to have a beneficial interest in a property. There are 3 ways that a beneficial interest in a property can be obtained:

  1. Payment towards the mortgage

  2. Payment of a deposit

  3. Adding value to the property through refurbishment / renovation.

I want to make distinction at this stage between items of your belongings in the property and adding value to the property – these are two separate issues and would be dealt with by the law as such.

In respect of the items that you have purchased - even if you had no beneficial interest in the property at all – you are still entitled to any belongings that you have purchased. Therefore the items such as the freezer, cooker, conservatory suite, soft furnishing – they are all your items and should be returned to you. It is helpful that you have evidence to confirm that you paid for all of these items.

In the first instance you should write to your ex partner setting the items that are yours and that you wish to be returned to you. You should set a timescale of say 14 days for these items to be made available for you to collect. You should set out that you are able to establish that you have paid for these items and should they not be returned to you then will apply to court for an order that these items be returned to you.

If your items are not returned to you then – then the correct action would be to make an application to your local county court for these items to be returned to you. This would be dealt with as a small claim.

Returning to the issue of adding value to the property and a claim under the Trust of Land Act. This would be your only route to having an interest in the physical property – as you have already confirmed that your ex would not allow you to pay the mortgage and you have not paid a deposit. For this type of claim you need to detail all the works you have paid for and completed in the property such and new bathroom etc etc.

You should consider referring to family mediation as they will help you and your ex discuss the issue. If no progress is made at mediation then you can apply to your local county court for a declaration as to your interest in the property. The onus is on you ro prove the works that you have undertaken.

Do let me know if I can help you further.

Kind Regards

Caroline

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Customer: replied 1 year ago.
Thank you so much Caroline, where I had no hope at all I can now proceed with hopefully getting what I consider rightfully mine. Many thanks you have helped a lot.
Expert:  ukfamilysolicitor replied 1 year ago.

I am so glad I could help. I wish you all the best.

Kindest Regards

Caroline