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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have received B62 notice also RX1. Basically my ex partner

Resolved Question:

Hi I have received B62 notice also RX1. Basically my ex partner is saying he has a beneficial interest in my hone, I am the sole owner and mortgage payer, I sold my previous property and then I purchased the new property. It was needing alot of work, I purchased a kitchen, bathroom and fittings, my ex partner helped me to do the jobs as we were a couple and not business partners, he is a plumber and does this for a living, so now we have broken up he is now asking for payment as the property has gone up in value, he never gave me any money towards the mortgage or purchase of my home, he has told his solicitor that we bought it as an investment can you tell me if he can do this?regards Louise
Submitted: 12 months ago.
Category: Law
Expert:  Clare replied 12 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How much was the work he did worth - what would you have had to pay if someone else had done it?

Customer: replied 12 months ago.
At first he was wanting £25,000 from me and his solicitor wrote to me saying that I will have to put my house on the market. The property is very small, I did the work with him like putting all the cupboards together, tiling the kitchen and bathroom decorating all out of my pocket. He hasn't even done a good job if I had paid him like a proper workman I would be getting him back in! He did the gas electric and moved 2 radiators. He has told alot of lies sent me abusive text stolen my bike and cut wires to my lights in the garden.
Customer: replied 12 months ago.
He has told his solicitor that I purchased the house in my name only because he had another mortgage commitment but that was with his ex partner who since has sold that property and my ex only ended up with a small amount because he had remortgaged to salvage his failing business and also had charges on the house from building companies, would he still of been able to get a mortgage as he was in alot of debt
Customer: replied 12 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Clare replied 12 months ago.

How much is the house worth and how much is outstanding on the mortgage?

However well done or not how much would you have had to pay if he has been an ordinary tradesman

Customer: replied 12 months ago.
The house is worth about £120,000 when I purchased it I put £44,000 down as I had money in my flat that I sold, I bought this present house for £86,000 as it was a repossession so keeping my mortgage low as I am 48 and have a reasonable paid job but didn't want a big mortgage.
Customer: replied 12 months ago.
The work on the house would of probably come to approx £5,000 give or take.
Customer: replied 12 months ago.
I just need to know if he stands a chance of making me sell my home, Louise
Expert:  Clare replied 12 months ago.

Just to check - the current mortgage is approximately £44,000?

Customer: replied 12 months ago.
I have just over £42,000 left, he wont have a claim on my property will he?
Expert:  Clare replied 12 months ago.

He has a potential claim based on the work that he did for free - he will claim that he did it on the assumption that he would have a share in the eventual profits

However in the absence of any real evidence of an agreement that he would receive an actual share of the equity the claim can be limited to the actual financial contribution - in this case apparently £5,000 at most!

At this stage it is for him to take action to try and prove the claim - you may wish to consider offering him £2000 or so just to avoid the hassle

Please ask if you need further details

Customer: replied 12 months ago.
What do I do in the meanwhile with the RX1? How do i reply to that as I only have until 17th August do I need a solicitor to handle it or can I do it without a solicitor? Thanks Louise
Expert:  Clare replied 12 months ago.

You give a formal response refuting his allegations

Stating that:-

1. The property was purchased by you as your home following the sale of your previous home. It was never a joint venture.

2. That you paid for all materials and did a substantial amount of the physical work on the property yourself.

3. That you understood his contribution of his time to be a gift to you

Customer: replied 12 months ago.
Thank you very much for your advice, I will definitely recommend this site to my friends if needed �� regards Louise
Expert:  Clare replied 12 months ago.

You ar m ost welcome - I hope all goes well

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