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ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1386
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I started a relationship in December 2015 with a man who asked

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I started a relationship in December 2015 with a man who asked me to get engaged on 2nd January. He stared he wanted to give me everything, and make me happy. He moved from London to my village and rented my friends property until 11th March 2016. He decided he wanted to pay off my mortgage for me which was a sum of £181,000.00 outstanding. He transferred the money willingly from his own bank account directly to my mortgage company. There was no legal agreement drawn up, and I amazing the sole owner as listed on the land registry deeds to the house. Only 18 days after officially moving on, my fiancé decided he did not wish to go through with getting married on 3rd September this year because he has commitment problems. He packed a suitcase left my property of his own accord and even left my door key and is now staying with his brother. As you can imagine I'm heartbroken. He is asking that I pay him the £181,000.00 back. As far as I understood it, we were getting married. He's the one whose left me. I feel duped. I can no longer get a mortgage as I am a carer for my disabled son who has autism. I have no means to pay this money back. I regarded this gesture as a gift to me because he stated to my friend when she mentioned what a nice birthday present paying off the mortgage, to which he replied he just wanted to make me happy.
For background information, I have owned this property since 2013. He has not paid towards any bills or renovations at all.
Can you advise me of the following please;
Do i have to pay him the money back, as there was never any legal agreement in this regard? Can he make me sell my property, which is the only home me and my disabled home have? He has stated he wished to buy me out of my own property. Can he also put a charge on my property, as he keeps stating. I feel completely tricked by him, he pushed to pay off my mortgage even though when he started transferring the money online, I asked him to stop and he continued doing it. I can now not get another mortgage, due to the fact that I am currently a carer for my severely autistic son, since giving up my full time career last year. Please can you tell me my rights concerning what I regard as my property, which is legally and solely in my name.
Customer: replied 1 year ago.
One other thing I forgot to mention, we opened a joint bank account a week ago. No money has gone into or out of the bank account. I have asked the bank to close the bank account. They have already switched the direct debits relating to the house back to my account. My ex has paid nothing towards the bills and is not named on any either since only officially living here for 18 days. He thinks he has a claim to my property. Is this the case?
Customer: replied 1 year ago.
Furthermore, I believer my ex thinks he has a vested interest as I may have mentioned it was going to be our family home when we got married. He has asked to return to my house , but I will not allow him to now since I cannot trust him now, and believe he will do the same to me again. He's asking that a deed of trust be drawn up now, since there was no legal agreement signed that he has ownership of the property when he paid off my mortgage. Can he still claim an interest even though no agreements were drawn up and signed?
Hello Welcome to Just Answer I am a Solicitor and will assist you today. Please may I ask: - how old is your son?- what is the value of your property? Kind Regards Caroline
Customer: replied 1 year ago.
Hi CarolineMy son is 5 years old. He will be 6 on 15th April.The approximate value of my property is £310,000.00.Kind RegardsRachel
Hello Rachel Thank you for your response. Firstly I would like to say that I am sorry that your relationship didn't work out. In respect of your property and the £181k that he has paid off the mortgage with - the area of law that deals with property disputes for unmarried couples is the trust of land act. Basically even though the property is in your sole name (which means you are the sole legal owner of the property) - the fact that he has paid off a significant amount of the mortgage does give your ex a beneficial interest in the property in respect of the monies that he has paid. Your ex could ask a Court to make a declaration as to his share of the property and he could also ask the court for an order for the property to be sold. If he did make an application to the court - then given that it I possible to evidence that he has made the payment towards the mortgage - then the court will make a declaration that he has an interest in the property. In respect of an order for sale - the court will consider the housing needs of your son - but if it could be argued that his housing needs could be met in a smaller property then the court may make an order for sale so that your ex's interest in the property can be realised. I know that this isn't what you want to hear - but I do have to tell you the legal position and I hope you understand that. In relation to your ex returning to live in the property - you do not have to let him return - as he is not a legal owner of the property then he has no right to reside. You should give consideration to referring your case to family mediation. Family mediation will try and help you both agree in respect of the interest in your property that your ex has and how this should be repaid such as by manageable repayments or when the house is sold in the future. There are lots of family mediation services and there will be one local to you. Just google family mediation in your area and give them a call to get the ball rolling. Please do not hesitate to ask if I can assist you further. Kind Regards ***** ***** kindly remember to rate positively so that we receive credit for helping you today
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