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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34885
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Not sure if this is property of family law. I have separated

Customer Question

Not sure if this is property of family law.
I have separated with my partner whom I currently live with and we are in dispute over the property, We both owned our own properties and wanted to move in together, I sold mine in order for this to happen and put all the proceeds down as a deposit he obtained a mortgage for his share but kept his original property and is renting it out. Unfortunately from a nasty divorce I had very poor credit history and the Halifax whom he has the mortgage with would not let me go on the title deeds and wanted a letter from me saying that I am gifting the money to him. We are now selling the property and he has been advised that all I am entitled to is the original money that I put into the property. I have been contributing to the house ever since we purchased it, purchased many items and completed decorating it and DIY and the original intent was that I am entitled to half the house.
He has started to market the property and I want to put a stop to it until we agree and sign on the financial side. He is also saying he is entitled to all the mortgage payments he has made back.
Submitted: 2 years ago.
Category: Law
Expert:  Harris replied 2 years ago.
Hi, thanks for your question.
Please can you confirm if you are married to each other? Are there any children?
If not, then property is owned as per the legal title. So as a first basis the home that you contributed to would be for her sole benefit unless there is a deed of trust or formal agreement confirming that your contributions would raise an interest in the property. You state that the original intent was for the home to be equally shared - however, you will need to demonstrate this intent.
Please let me know if you have any further questions regarding this.
Expert:  Clare replied 2 years ago.
HiThank you for your question, my name is ***** ***** I have been a family lawyer for more than 30 yearsmatters are not as grim as suggested.The fact that he has already conceded that you are entitled to your capital back is an admission that he is aware that it was not meant as a gift but as an investment and on that basis you have already shown the intent of the transaction was to give you a share of the property.This being the case you should offer to negotiate with him using Family mediation to reach an agreed conclusionIn the mean time you can indeed Register a Notice at the land Registry which will alert buyers to the possible conflictI hope that this is of assistance - please ask if you need further detailsClare