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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34130
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My partner and I have separated after living together for

Customer Question

My partner and I have separated after living together for over 10 years.
He is named on the deeds and the mortgage is in his name. It was £256,000 in 2005
Over the last 8 years we have doubled the size of the property and put a new roof on and rewired, replumbed and replastered.
It has oak flooring and oak doors, brass wall lamps, brass door knobs etc, everything has been modernised to a high standard.
I have contributed to all costs and we did a lot of the work together.
I believe it is now worth approximately £400,000
All of my time and money has gone into the property in this time and I left June 7th with about £4000 (our holiday fund for this year)
I would like to know what my interest is and if it is worth contacting a solicitor to try to get back some of what I have invested
Submitted: 1 month ago.
Category: Law
Expert:  Clare replied 1 month 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

What has your personal financial contribution been?

Customer: replied 1 month ago.
All of my earnings since we started work on the house plus manual labour.
Customer: replied 1 month ago.
We have been overpaying the mortgage. It should be completed in 13 years but we were on target for 2020 with our overpayments
Customer: replied 1 month ago.
I have been personally putting £325 each month for the mortgage in the last year definitely and a lump sum of £1500 in May I think.
I have personally paid for most of the insulation and all of the skips (about 10)
Customer: replied 1 month ago.
Just under half of the windows (about £1500). Part of the oak flooring (£2000). door knobs (about (£1000) Wall lights (about £1000)
Since we have been togather between us we have paid about £70,000 in parts and labour on the house. We have also reduced the mortgage from £150,000 (approx) to £79,000(approx).
Expert:  Clare replied 1 month ago.

How much of the £70,000 came from your funds?

How much was the mortgage payment and how much is the going rental rate in the area

Customer: replied 1 month ago.
I have no idea how much I paid into the mortgage over the last eight years.
All my money went into the house.
I paid for holidays every year so that he could pay the mortgage.
I paid for all food including his dog's food
Expert:  Clare replied 1 month ago.

Did your ex ever say that the property belonged to both of you?

Customer: replied 1 month ago.
no, it was always his with his plans fr the property
but he always said it was our home and we always planned to overpay the mortgage and retire at 60(61 him) having paid it off in about 3 and a half to 4 years and used the next 5/6 years to save to spend before our pensions kicked in a 67
Expert:  Clare replied 1 month ago.

I am afraid that the fact that you were not married means that any claim you have on the property is a possible claim on the proceeds of sale in proportion to whatever financial contribution you have made to the bricks and mortar - the property itself.

Sadly paying utility bills or vets bills or food bills does not count

Even payments made towards the mortgage may not count if they are less than the going rental rate in the area

However you have paid for some of the structural work - which gives you a claim related either to the amount you paid in - or to the increase in value that that work relates to

You can read more here

https://www.slatergordon.co.uk/media/388153/cohabitation.pdf

I hope that this is of assistance - please ask if you need further details

Customer: replied 1 month ago.
the property is now probably worth 400,000 -it is double the size and was likely worth 260,000 when I moved in.
Are you saying that I have been taken for a ride?
Customer: replied 1 month ago.
He has all the paperwork relating to everything I paid
There is no way he would let me have it

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