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James Mather
James Mather,
Category: Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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I had a joint mortgage with my ex, we split and I signed papers

Customer Question

I had a joint mortgage with my ex, we split and I signed papers which put the house in his name only last year. I asked for nothing of the money I paid which went into the mortgage each month, just £1000 which was for deposits when we moved into various other rented flats over the years (he has given me this). He also agreed that we would split all furniture that we paid 50/50 for and I would get my kitchen things back. At the time of signing the papers he had a tenant in the flat and could not remove the items, so we agreed I would wait til this Summer. He is now back living in the flat and when I asked for my things back, he refused. He has gone back on his word. We agreed all of this over email. What rights do I have? Can I claim for anything to do with the flat now I have signed the papers which transfer the property and mortgage into his name only. I lived there for a year.
Submitted: 4 years ago.
Category: Law
Expert:  James Mather replied 4 years ago.
Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

What equity is in the property?
Customer: replied 4 years ago.

I did not actually put any money into the property, my ex partner bought it. The only monies I put into it were £500 which went towards the deposit, monthly mortgage contribution of £400 for 1 year and the furniture etc which I paid for in full or split 50/50.

To be honest all I want back is the belongings we agreed on but do not know how or if this is possible?

Expert:  James Mather replied 4 years ago.
Belongings or money? Is he refusing? What are they worth?
Customer: replied 4 years ago.

The items I am asking for only cost a total of around £400 and it is the belongings that I want.

He agreed that I would have these items back in October, but is now refusing to return them to me. He Says on reflection he has changed his mind. But as he did not pay for them alone, they are not actually his to keep! He thinks he has reimbursed me adequately for any contributions I made to the flat - the thing is, he hasn't really reimbursed me anything!


Anyway, as I say it is the belongings which I would like to get back. But if he is refusing, can I threaten to claim for all monies I put into the flat whilst living there? Now that I have signed paperwork putting the flat in his name only?

Expert:  James Mather replied 4 years ago.

The problem here is that unless
this is Small Claims Court, the cost of bringing an action in the family Court
is going to be more than you are arguing over.

You could try issuing a small
claims court claim for £400 but it might get
referred to the family Court because of what is involved so you need to make sure it is just a money claim.

going to make a suggestion to you which

sometimes works and is probably about as powerful a message as you can send.

Instead of using the online
system, download

the court form N1 , you can also get explanatory notes

and send it, duly completed,
with a covering

letter with words to the effect of, here are the proceedings that I have

already completed and if you do not roll over and pay up, they will be going

off to the court on a certain date. Give them until a particular date rather

than a number of days and then there can be no dispute over when the deadline


I would not send that form off
to court but I

would use the online system because it saves you 10 quid!


You can add in what extra costs you like.

If you lose, these are the costs you will lose.


Does that answer the question? Can I
assist any further?

I am happy to follow up any individual
point you make

I am online and off-line each day and
most weekends so please bear with me if I do not come back to you within

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Customer: replied 4 years ago.

Thank you for this.


I believe this is just a money claim, but if I was to claim at small claims court, for what reasons might this claim be transferred to the family court?


I have read the form N1 and explanation notes. Just a few questions on that.

Do I need a solicitor as the form asks for the claimants solicitor name and firm address?

If I was to end up needing to send the form off through the online system would I end up having to pay anything if I loose?

Am I within my rights to claim for my monthly mortgage payments that I made during my time living in the flat?

Are you able to tell me how likely it is that my claim would be successful?


I think my questions should end after this so would be grateful for any answers you can give me before I decide to go ahead and take the action you have suggested!

Expert:  James Mather replied 4 years ago.

It would be transferred if there was an issue over the house.

You don't need a solicitor, just DiY. It isnt worth paying solicitor because you will not recover those costs.

You just end up losing court costs if you use the online system.

If you claim mortgage payments it is likely to be moved from small claims court although if you are sending it to him on paper to force the issue he doesn't know that.

You cant claim mortgage payments for the time you lived in the property even if he paid £0.

Does that answer?