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ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1441
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I have been living with my partner over 3 years she bought

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I have been living with my partner over 3 years she bought the house in 2012 and I have been paying half the mortgage and utility bills in that time by standing order . I gave up my rented flat and moved my property into hers she then said the relation ship was over and made me leave that night. I slept in my car for the next 2 nights . I am now staying with a family member temporarily 120 miles away and because of that I have not been able to stay in my job and they have looked to transfer me but nothing is available so I have been made homeless and job less in a matter of days. I have requested my property back but she will not allow me to collect it , but said she will put in a neighbours garage but as it is damp and a lot of the goods are bedding for myself and children plus I want to make sure nothing in left behind I have not agreed to this .she has given me week to collect it or it go into a skip. Can she do this and can I make a claim on the property as we have been doing repairs and modernisation together
Welcome to Just Answer
I am a Solicitor and will assist you.
Please may I ask:
- is the property in her sole name?
- any children together?
- when can you collect your belongings?
Kind Regards
Customer: replied 2 years ago.
In her name no children together I have asked to collect this thursday
Thank you for clarifying that for me.
I will prepare you an answer now. This will take me about 10 minutes.
Kind Regards
Customer: replied 2 years ago.
Thank you
Thank you for your patience.
As the Property is in your ex's sole name - unfortunatley this means that you do not have a right to occupy / reside in the property.
This being said, as you have contributed towards the mortgage and as you have contributed towards the mortgage and as you have also renovated the property - yo do have a Trust of Land Act claim in respect of an an interest in the property. Whilst this still doesn't give you a right to live in the property - it does mean that you can make a claim in respect of some of the value of the property.
You should consider referring this matter to a Family Mediation service. There are lots of mediation services and there will be one local to you. You can google Family Mediation in your area and then give them a call to get the ball rolling. If your ex wont engage or agree - then you have the option to apply to court. This type of case is applied for on a Claim Form Part 8. Form to your local county court. The court can make a declaration as to your interest in the property - that is to say - that have an interest in some of the equity.
In respect of your belongings - whilst you do have to mitigage (collect as much as you can) - your ex cannot simply throw your items out or cause them to be damaged.
Collect as much as you can and if you need more time - then request this.
If your ex is difficult and wont let you collect your belongings then you can make a small claims court for the return of your items / claim for damages.
If you cant collect everything and your ex wont let you - send her a letter marked Letter Before Action. Explain in the letter that you expect your items to be made available for return within 14 days. If your ex still doesnt allow you - then you should fill in Form N1 and send it to your local county court seeking return of oyur items / damages.
It may also be worth considering asking the police to attend with you when you go to collect your belongings. This would prevent your ex making allegations or saying that you have taken something that isnt yours.
Please do not hesitate to ask if I can clarify anything for you.
Kind Regards
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Customer: replied 2 years ago.
Thank you so much for your help
regards ***** *****
Your very Welcome Paul
I wish you all the best!
Kind Regards
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