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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7626
Experience:  UK solicitor holding an England and Wales practising Certificate.
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My mother died and her partner who still lives in the house

Resolved Question:

My mother died and her partner who still lives in the house wants half the house. They had broken up but he still lived there. He paid 80.000 pounds towards her morgage which the family said they would give him back with interest but he wants half the house worth 555.000
Submitted: 1 year ago.
Category: Property Law
Expert:  Thomas replied 1 year ago.
Hi, Thanks for your question. Were they married?Did your mother own the property in her sole name?Tom
Customer: replied 1 year ago.
No they were not married and she owned the house solely
Expert:  Thomas replied 1 year ago.
Okay. Did they execute a declaration of trust stating that he should get his £80k back in certain circumstances? If so, what were their circumstances?What does her will say about her estate and the house?Tom
Customer: replied 1 year ago.
There was no will and no agreement was drawn up
Expert:  Thomas replied 1 year ago.
Hi Thank you for your question and patience, I’m Tom and I’ll try to help you. Your wife’s ex is really not in a great position. If there was no Will for your mother then her estate would pass to her children in equal shares. The position is that where a person is not named on the registered title to a property then you can generally only claim an interest in the property if you have made either a capital contribution to it (ie. financing the purchase or pay for significant works which materially increase the value of the property) or have maintained the mortgage payments/paid rent or bills/food to a total that is more than you would otherwise have paid in private rented accommodation in the area. So, his capital contribution to the mortgage would certainly form the basis of a claim, which is to say that a solicitor would say that he has a reasonable chance of claiming an interest at court but he would have to litigate to claim this and would have to pay the costs of this (there is no legal aid). His claim for half the property is excessive and the approximate starting point he would be looking at getting whatever percentage of the equity the £80, 000.00 payment was at the time he made the payment. However, it’s generally better to negotiate and reach a settlement than litigate because of the uncertainty. Basically, you’re going to have to end up paying him some money if he gets wise and sees a solicitor but it’s not likely to be half of the property and could potentially be quite a bit less depending on when he made the payment and what proportion of the equity/property value this represented at the time. My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question. Kind regards,Tom
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