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Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 33549
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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Hi this relates to my partners situation. We do not live together

Resolved Question:

Hi this relates to my partners situation. We do not live together and have no plans to do so. She separated from her previous partner in2006 the property they lived in was sold for £525k with that money and other savings they each purchased a property. My partner paid £355 and her ex paid £275. My partner does not know if her ex had additional funds from savings as he kept control of the finances. Her ex is now demanding that she sells her property to pay pay him £80k.

They were not married but had been together for approx 11 years . They had owned 3 houses during their time together. Prior to being together my partner had her own house and contributed the equity from that property to the first house. She worked through their relationship he did not but did have private means

Since their separation my partner has looked after their son without any contribution from her ex. This was 7 years until his 18th birthday. He stayed at school for A levels

The questions I have are:

Does she have to pay him anything? If so how is that calculated?

Does their respective contributions to the properties get calculated and if so what is taken into account?

Does the lack of contributions to sons care get taken into account.

If she makes him an offer, how can she ensure he does not continue to harass her for more money
Submitted: 2 years ago.
Category: Property Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question
My name is Clare
I shall do my best to assist you but I need some further information first.
At the time of the separation did your partner sign a Declaration of Trust confirming that she held the property on trust for them both?
was there any discussion at that time about her paying her ex money when the child was 18?
How much was the equity from the house that she owned prior to the first joint purchase - and how much did that first property cost?
Clare
Customer: replied 2 years ago.
T
There was no declaration of trust at the time of the separation. There was no involvement with solicitors at that time.

There was no agreement about repaying any money at the time. The relations between them was and remains very difficult.

The equity from my partner amounted to £25k

Many thanks
Expert:  Clare replied 2 years ago.
Hi
Then her ex will struggle to make any successful claim on her property
Her ex will argue that some of "his" money was used to purchase her house and that accordingly he is now entitled to as hare of it now that the child is over 18
However to be successful he would have to show that this was an agreement that was made at the time
In fact it appears that there was a settlement made at the time of the sale of the property which your partner assumed was meant to reflect her original contribution and by way of an "advance" on child maintenance and she acted accordingly
On that basis I would suggest that she tells her partner that he has no claim and that he is welcome to apply to the court of he wishes
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 33549
Experience: I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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