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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 11207
Experience:  I have been practising for 30 years.
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Just split up with my fiance of 8 years. Found out a week

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Just split up with my fiance of 8 years. Found out a week before exchanging contracts on our dream home he had recently met some woman and it all came to a head. It's my house we live in and even though I have always paid all the bills he has contributed to home improvements. We also have a car which I still have a £9500 loan owing on it and his dad put £10k into. The car was purchased at £27k and has just sold at £15k. I have recently transferred him £4k over. He is wanting more and I want to know what my right are. During saving up for the new house I also helped him clear £12k of debt off from his previous marriage. We had £6k saved when we split.

Hello for clarification - have you got any agreements as to what you put into the property?

the house is only in your name?

who is the owner of the car? (not registered to)

any children under 18?

what is your preferred outcome?

Customer: replied 6 months ago.
Hi,
No agreements and house is only in my name. Car in my name. No children.
Would like to give him as little as legally possible! Thanks

So the new dream home is not actually relevant here.

He has a claim against the property even though it may be in your sole name, if he has contributed to the fabric or the capital of it which clearly he has done. Quantifying that is not going to be easy and the easiest way of doing it is to look at what the house would have been worth with his input and what it would be worth without his input and then negotiate around that.

You would be entitled to deduct any money you gave him in respect of his debts.

In respect of the £10,000 from his father and the car, depend on who has the car and whether this was a gift or a loan which was to be repaid at some stage in the future. There is only £15,000 from it in any event, less the finance outstanding gives an amount of money from the car of £5500.

I don’t know why you transferred the £4000 over to him.

My suggestion would be asking what he wants.

You can then apply that to the house value without him and the value with him and then look at paying him something.

Incidentally, if ever you get into this situation again, if the house was in joint names than regardless of what each of you put in, it would now be split 50-50 unless you had previously agreed otherwise.

You could have avoided this by having a cohabitation agreement where he would agree to have no claim on the house.

Can I clarify anything else for you?

I’m happy to answer any specific points arising from this.

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat on the head! (Although there is an incentive scheme where the more five-star ratings I get, I do actually get a pat on the head! :-)) All you need to do is press Submit. Thank you.

If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.

FES.

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