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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1092
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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In desperate need of some advice,split with my partner not

Resolved Question:

Good morning
In desperate need of some advice,split with my partner not married in Nov 2014, have one dependant age 14,I have left the family home but since leaving continued to pay all of the mortgage, now paid off and all the household bills and maintenance. We had a joint mortgage that she didn't contribute to and it is only my name on the deeds.I have said she can stay in the house rent free until my daughter is 18 which will give her time to save the money she would be paying in rent but that isn't good enough, she wants half the value of the house all the contents.....I am in despair, when I initially left I was paying everything to the tune of £1900 and I have been living in a damp rented flat for 3 years. Surely I should be able to buy something for myself
Submitted: 30 days ago.
Category: Law
Expert:  ukfamilysolicitor replied 30 days ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

I am sorry to hear about the current circumstances.

Please may I ask:

- Do you know if you are joint tenants on the property or tenants in common?

- are there any trust deeds?

- who purchased the contents in the property?

kind regards

Caroline

Customer: replied 30 days ago.
No I do not know if we are joint tenants or tenants in common.
As far as I know I just have the house deeds with me as sole owner.
I have paid for everything in the house.
Expert:  ukfamilysolicitor replied 30 days ago.

Hello

Thank you for your response.

Can you clarify for me why your partner is names on the mortgage?

Its worth you getting a copy of the house Land Registry Title Document to see the legal owner. You can buy a copy for £3 by following this link. Let me know when you have this:

https://www.gov.uk/get-information-about-property-and-land/copies-of-deeds

Can you also jsut confirm that your ex partner has never 1) paid the mortgage, 2) paid a deposit on the property, 3) added value to the house through renovation?

kind regards

Caroline

Customer: replied 30 days ago.
I have a copy of the Deeds which states I am the sole owner.
My ex partner was on the Mortgage offset account.
She signed a waiver from the lender also.
She hasn't financially contributed to the deposit or mortgage at all,I have paid for everything in its entirety.
I have paid also for all renovations.
Expert:  ukfamilysolicitor replied 30 days ago.

Hello

Thank you for clarifying that for me.

I can confirm, given your responses, that as you were not married then your ex has no claim at all to your property and if she did not purchase any of the items in the property that she has no claim to any of those either.

Your offer to allow her to stay in the house rent free until your daughter reaches 18 is more than reasonable. You do not have to pay your ex anything from the property and she is not entitled to take anything from the property that she did not buy herself.

Let me know if I can assist you further

kind regards

Caroline

Positive feedback is gratefully received.

Customer: replied 30 days ago.
Thank you,my ex is under the impression that because she signed a waiver from the lender that I have stitched her up but this was a requirement from the lender not me.I simply want somewhere to live By the time my daughter reaches 18 I will have given her over £87000 she doesn't pay any rent or bills,I pay for everything,this is so unfair.
Expert:  ukfamilysolicitor replied 30 days ago.

Hello

The relevant law for unmarried couples in relation to property is the Trust of Land Act. As you ex has not paid the mortgage, a deposit or added value to the property through renovation then she has no claim. This is nothing to do with the waiver that she signed. You have been more than reasonable in your offer.

kind regards

Caroline

Customer: replied 30 days ago.
One final question,could you just explain to me what a lender waiver is so I can at least prove that nothing underhand went on seing as I am being accused of stitching her up.This I believe must if been a requirement by thr lender???
Expert:  ukfamilysolicitor replied 30 days ago.

Hello

It was likely an occupier waiver form.

Generally it is because occupiers of a property can become entitled to rights of occupation. If an occupier had a right to refuse to leave a property, any mortgage that a lender had on that property would be useless because it couldnt sell the same. Lenders therefore insist that adult occupiers who are not owners of the property sign a Occupancy Form/ Waiver Form consenting to the mortgage and confirming that, if they have any rights in the property, they will not assert those rights against the lender.

kind regards

Caroline

Positive feedback is gratefully received

Customer: replied 30 days ago.
You have been amazing,I am saddened that my ex thinks I have done something to,as she puts it "Stitch her up" which has been filtered to my daughters,my first step I guess is just to prove to them all that I haven't done anything underhanded.I am doing my absolute best to provide and have done since I left,I am nearing retirement and just need somewhere decent to live.
Expert:  ukfamilysolicitor replied 30 days ago.

I am glad that I could help. If your ex got any legal advice then she would appreciate how reasonable you are being.

If you are happy with help please do kindly remember to use the stars to rate it positively so that I receive credit for helping you today

Customer: replied 30 days ago.
sorry but can you offer any explanation as to why my ex partner wasn't on the deeds,I cannot remember that far back as to why...could it be that she wasn't earning at the time or something??? Yes I will definitely rate you,you have been superb!!!
Expert:  ukfamilysolicitor replied 30 days ago.

Hello

Thank you for you kind words.

I am not sure - it will have depended on your circumstances at the time but if it was bought in your name and you are the only one that has contributed then that is the legal psotion. It would have been different if she was a joint owner but as shes not then that is the position.

kindest regards

Caroline

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