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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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I am putting my home on the market. I bought my home and I

Customer Question

I am putting my home on the market. I bought my home and I am the only one on the deeds. I have a small mortgage on the property. I have never been married but have 2 children to the same father. They are 23 (working full time) and 19 (full time student). Their father has always been allowed access to my house as my 2 children lived here with me. I also allowed him to store items of his at my house. We each owned a property in London - I owned the downstairs flat (with a mortgage) while he owned the upstairs flat (with his mortgage). We lived as a couple in his flat while mine was full of his personal belongings. In 2007 the property was sold as one as we could get a better price on it. The 2 children were going to be living with me. I took a larger share of the money we got on the house as I knew that I would not receive any financial help from him for the children. There was no signed agreements of any description either then or now. He has property in France. During his visits here, ranging from a couple of times a year for around 2 months at a time with one visit for nearly a year from mid 2014 to summer 2015, he has done some maintenance work to my house, bought some furniture and done some painting. I have provided all his food, and use of utilities. I had never asked him to buy any furniture or do any painting - this was all done during my stays in Spain over the last few years. He has now demanded £70,000 pounds from me to be paid once my house is sold and wants me to sign a legal agreement to that effect. He says that £30,000 was money he gave me prior to me leaving our old property as he says I said I needed it for my house purchase - I had not even started looking at property at that stage. He claims that he has leant me the further £40,000 over the past 8 years. I dispute the amount he says he is entitled to and he has threatened to put a housing notice on my property through land registry which will prevent me from selling until I have signed a legally binding agreement. I have 2 questions.
1) I believe if there is another person added to my mortgage he cannot then register a house notice but would it be legal for me to do that now? My daughter, the 19yr old, has agreed to be put onto my mortgage and my mortgage provider has said that this would be possible. I am not disputing the fact that I owe him money, only the amount but he insists on £70,000. I am not in a position to pay for legal advice/services.
2) Can I give him a 28 day written notice to remove all his belongings from my property?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is***** shall do my best to help you but I need some further information firstHow much is the house worth and how much is outstanding on the mortgage?How much do you think he owes you?
Customer: replied 2 years ago.
My home is worth between £360,000 and £370,000. I would agree to give him £50,000 though I think what I actually owe him would be nearer £40,000
Expert:  Clare replied 2 years ago.
Is there an outstanding mortgage?