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Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 33953
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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Me and my partner have been together years and living together years in

Customer Question

Hello me and my partner have been together for 12 years and living together for 9 years in the uk and purchased a house in uk together in 2012 we have now parted and i am still living in the property and she has started a new life with a new partner , so i have arranged a settlement of 25k to which was being dealt with by our bank ref transfer of equity now months have passed she has not signed to that agreement and she now wants to sell house and split the equity 50/50 out of what is left from paying back the outstanding mortgage i have lived in property on my own since october 2014 paying the mortgage on my own and maintaining and modernising the property for better living conditions as alot needed doing at my expense
can you please advise
Submitted: 1 year ago.
Category: Property Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is***** shall do my best to help you but I need some further information firstHow much is the house worth and how much is outstanding on the mortgage?
Customer: replied 1 year ago.
Halifax my mortgage provider values at 155k ref re morgage .
Independent from 155 up to silly 210k.
£87.470 outstanding balance
Customer: replied 1 year ago.
Just forgot to mention that we agree 5k in cash in instalments . So in total 30k what i have offered her via 25k from the bank 5k in cash
Expert:  Clare replied 1 year ago.
How many valuations did you have done - that is a massive variation?
Customer: replied 1 year ago.
i had 4 valuations 160 175 170 and 190 to 210
Expert:  Clare replied 1 year ago.
So £175,000 would be a reasonable compromise?
Customer: replied 1 year ago.
It might be but i don`t think its worth that much as this valuation was free from agency so all of them they was talking sweet ( them agency people was sent from my ex partner) . Then ive asked my friend to view property (he was working for estate agency for 15 years ) and value house for me at 160- 170k . long story short to sell house for 170k i must do few modersation. Anyway my question is : in a case that will finish in court can i expect from my ex partner half of money back that ive spent for mainatining the property (fixing gas boiler, new flooring etc ) and for a half of mortgage as i was the one that have been paying for it for last 15 months.?
Expert:  Clare replied 1 year ago.
Even allowing for a value of £160,000 there is equity of £70,000 which makes your offer of £30,000 a little low - especially since some of it it is being paid in installments.If the matter did go to court you will be able to claim for money spent on structural improvements. Fixing the boiler is more doubtful - it depends why it went wrong - but you will not be able to claim for half of the mortgage payments since you have been living there and you have notYou should try and negotiate with your ex using Family mediation (www.familymediationcouncil.org.uk)I hope that this is of assistance - please ask if you need further detailsClare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 33953
Experience: I have been a solicitor in High Street Practise since 1985 with a wide general experience.
Clare and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
ok,now shes saying that if someone lives with me in the property i should pay her half of that is that truth ?
Expert:  Clare replied 1 year ago.
IF you receive rent then you should indeed share half of the profit - after account is taken of the costs of utilities, council tax and mortgage of course
Customer: replied 1 year ago.
right .Im not sure i did understand that corectly .So if i would live alone and pay for everything myself i can not ask her fo half of money for mortgage ,but if someone lives with me and pay me a rent then i have to share with her ???
Expert:  Clare replied 1 year ago.
Well if you have a lodger then you are entitled to claim for half of all the bills etc - there is not likely to be any profit!

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