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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 35087
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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separation and property

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I am splitting up with a same sex partner of 20 years. We are not married or civil partnered. My flat is in my name only, but he has used it approximately 4-6 days per month as a base for his work. We are so far very amicable in our separation. The flat is owned by me and only my name is ***** ***** and only I have paid mortgage. However, 8 years ago he gave me a gift of £20,000 as deposit and moving expenses. There is no formal record of the intention of this gift and he just wrote me a cheque for this amount. No formal deeds or entitlement were established. Would he have any claim on the property either now or if I were to sell the property?

The money he gave me will clearly appear in historical bank statements, but there is no record of any intention of its purpose.

Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What was the purchase price and how much is the property worth now - an dhow much is outstanding on the mortgage?
Clare
Customer: replied 3 years ago.

Thanks Clare,

Purchase price of £111.000. Now worth approx. £120 000. Outstanding mortgage of £85 000.

Customer: replied 3 years ago.

Relist: Answer came too late. I posted this question approx. 9 hours ago and, whilst not expecting an instant answer, I chose this form of advice to avoid a long delay or need for an appointment

Purchase price £111 000

Equity approx. £30 000

HI
I am sorry - we are all working lawyers which mean that we are not always on line.
Also sadly when you re list it it automatically goes to the bottom of the list that I have to work through in order
However to deal with your question it is not straightforward I am afraid.
Whilst the gift may well have been made with no strings attached from your point of view, no doubt your ex will argue that he gave it as a deposit for the house and that he expected to have a share in the property
You can read more here
http://www.slatergordon.co.uk/media/388153/cohabitation.pdf
The issue will be which evidence the Court will believe IF your ex decides to make a claim.
If he does not - then fine - if he does then I would suggest that you try and discuss matters using Family Mediation
www.familymediationhelpline.co.uk
I hope that this is of assistance - please ask if you need further details
Clare
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