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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33810
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Could someone help

Resolved Question:

Hi could someone help
Submitted: 7 months ago.
Category: Law
Expert:  Clare replied 7 months ago.

Thank you for contacting us

My name is Clare

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

What is the problem you need help with

Customer: replied 7 months ago.
Hi,I was living with my partner for almost 5 years and now he wants me out the house. This house is in his name and his partner but I have paid half of his his mortgage for around 12 months. After that we had lodgers, but I have always contribute.
I have bought a house, however he is not giving me the enough time to move.
Thank you
Vanessa
Customer: replied 7 months ago.
The mortgage was paid direct from my creditcard to the mortgage company. There is anything that I could do? He is selling the house and said that I don't have any rights on the house
Expert:  Clare replied 7 months ago.

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

when does he want you to leave and how long do you actually need?

Customer: replied 7 months ago.
When I meet him the was no equity to the house. Now the house is in the market for 350.00 and he still needs to pay 238.00
That leaves a profit of 112.00K.
Customer: replied 7 months ago.
I have a put an offer on my own property,however lawyer proceedings are going to take 8 weeks.
Customer: replied 7 months ago.
Do I have any rights on the house?
Customer: replied 7 months ago.
At least on the minimum that I have paid?
Expert:  Clare replied 7 months ago.

How much was the mortgage payment each month?

What else did you pay for?

Customer: replied 7 months ago.
Mortgage for 11 months at the value of 650.00 direct to his mortgage acc. and After we got a lodger and I was paying half of the bills. Most of the food glosseries was from done from my acc. Mainly I want to know if he sells this house If I have any rights, or if we could at least pay me back what I have paid towards the mortgage
Customer: replied 7 months ago.
I've moved here in 2012- Helping with the bills 300 each month from Jan/August
From August 2012 to Decemeber 2013 - I've paid 650.00- corresponding as half of the mortgage plus bills around 850 to 900 for that period. After the lodger, I was continuing helping him with the bills.
Bare in mind when I meet him, there was no equity to the value in this house.
I shall wait for your response.
Regards,
Vanessa
Expert:  Clare replied 7 months ago.

What is the going rate for rent in that area?

Customer: replied 7 months ago.
for a room or for a the house-
Single room 300
Double room 450
This house is a 3bed house, so 1100 per calendar month
We have a dog that I am the only one paying for her bills
Regards
Vanessa
Expert:  Clare replied 7 months ago.

Sorry for the delay.

Since you are not a joint owner of the property you have no automatic right to live there.

I am afraid that all you are entitled to is "reasonable written notice to leave" - and to be frank six to eight weeks is the most a court is likely to feel is "reasonable".

The fact that you paid the mortgage for a short period may give you financial claim on the property - but it is a very small one (the fact that it came out of negative equity in that time is not relevant) since you would have had to pay rent in any event.

You would find it difficult to actually pursue it in court - it would not be a straightforward application and would be an expensive one

I would suggest that you ask your ex for say £2,000 OR the extra time to move out in

I am sorry not to give better news - please ask if you need further details

Clare, Solicitor
Category: Law
Satisfied Customers: 33810
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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