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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 744
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My partner and I have split up, my name is not on the

Customer Question

My partner and I have split up, my name is ***** ***** the mortgage, however, my partner has agreed to pay me an amount of money, and has signed a piece of paper to say so. He has taken over a month now to get this money sorted. He is saying that he will write up a letter saying that he has agreed to pay me this amount of money. Would this letter stand if he reneged on the deal?
Submitted: 8 months ago.
Category: Law
Expert:  ukfamilysolicitor replied 8 months ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

Please may I ask did you:

1) pay a deposit towards the property?

2) pay the mortgage?

3) add value to the property through renovation?

Kind Regards

Caroline

Customer: replied 8 months ago.
I did not pay a deposit towards the mortgage, I have however made monthly contributions into his bank account towards the running/payment of the house. I have paid for several renovations to the house
Expert:  ukfamilysolicitor replied 8 months ago.

Hello

Thank you for clarifying that for me.

The Law that relates to property for unmarried couples is the Trust of Land Act.

Even though the property is in your ex's sole name if you have paid the mortgage and have added value to the property through renovation then you will have a beneficial interest in the property.

If your ex renegs on any agreement that is reached then your recourse is to make an application to your local county court for a declaration as your interest in the property. You can also ask the court to consider making an order for sale to realise your interest in the property.

The form you need to do this is a Claim Form part 8 and the court fee is £280.

At your stage if matters can be agreed - perhaps make your ex aware that you will make a claim if he renegs.

If you make your correspondence as a Part 36 offer - then this will mean that you have leverage to seek your legal costs to be paid - if the current offer is less than what a court finally awards you. This is a tactic to get him to pay now rather than mess you around.

Let me know if I can help you further.

Kind Regards

Caroline

Please kindly remember to star rate our service so that we receive credit for helping you

Customer: replied 8 months ago.
Thanks. Could you clarify for me please. Would the TLAT A stand as whilst I have paid money into his account each month for the last 16 years, it is not clear if it was for mortgage etc, as one solicitor advised, my ex-partner could say that I was paying the bills rather then contributing to the mortgage.
Expert:  ukfamilysolicitor replied 8 months ago.

Hello

It is highly likely that he will say it was for bills and not the mortgage. It is going to depend on who the Judge believes as to what the agreement was between you and if your money was also going to the mortgage. You need to state your case as to what the position was in respect of the payments. In respect of the renovation - its going to help if you can obtain receipts or proof from your bank statements etc

Let me know if I can help you further

Kind Regards

Caroline

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