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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 14570
Experience:  I have been practising for 30 years.
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I built my own home with my own money and moved my family

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hi there
JA: Hello. How can I help?
Customer: i built my own home with my own money and moved my family into it and i wanted to build again and had to borrow against my new home but my partner helped by backing me only by name and showing on paper that we can make the repayments
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: but she has never paid a penny to the development of the property nor has she paid a penny towards any morgage repayments and now she wants to make a claim for something she hasent put down serving me with a severance notice i dont no what i should because shes a crook
JA: Have you talked to a lawyer about this?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: well shes broken up my family and now shes trying to break down all that ive built its wrong
Hi thank you for your message so her name is ***** ***** title deed to the second property?
Customer: replied 4 months ago.
but she's never contributed a penny only her name to secure the lenders requirements
Customer: replied 4 months ago.
I can't afford your phone call
All I need to no is if I can stop her taking something she hasn't put down
Customer: replied 4 months ago.
what have you got to say about the situation Jeremy
Customer: replied 4 months ago.
Are you even there or is this just another elaborate scam?
Customer: replied 4 months ago.
why have i had no response from you guys just answer you did say quick response,and am still waiting for your comments or am i going to have to call trading standard for none compliance
Hi thank you for your message, I am responding now but you should know this is a message service not an instant chat service. In answer to your question as she is on the title deed unless you made alternative provisions at the time of adding her to the deed she will be entitled to a share of the house and the starting position would be 50%. You can negotiate with her but that is the starting position.
Customer: replied 4 months ago.
ok well if shes entitled to 50%shouldn"t she have to pay for half of whats been paid already towards the morgage ?
Hi thank you for your message, you can try to argue that but as you are both equally liable for the whole amount of the mortgage this is not likely to be a successful argument sadly. You could use that in your negotiations with her though. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.
Customer: replied 4 months ago.
can i not presser her to uphold the agreement by law and force her to pay the lenders alongside me ?
Customer: replied 4 months ago.
this is poor online service Jeremy your not getting any stars because you have"nt answered all my question why, i thought that was what we arrived here for.
I have responded to your queries.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 4 months ago.
Good morning Nicola-mod
I am still here waiting for an answer to my questions
So try an find someone who knows what they are!
Or rather what I am talking about
ASAP thanks.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola

Thank you for the question. I have been asked to look at this for you.

The situation here I’m sorry to tell you is actually slightly worse than you were told in the previous answer.

50% is not the starting position, it’s only the starting position if you are married. If you are not married and have both names on the deeds of the property, the default situation is 50-50.

If 2 people own a property are not married and there are no children and there is no agreement to the contrary as to what will happen when the property gets sold, then it is split 50-50. It doesn’t matter what each person puts in by way of deposit and what each person puts in over the period of ownership, it split 50-50. It does not matter that one of them pays all the mortgage and puts all the deposit in and the other one sits by and does nothing but drink tea, it is split 50-50.

The courts have decided that if a couple are buying a property together they would have an agreement if they were putting different amounts of money in and wanted money out in proportion. They would safeguard their “asset” by putting it in writing.

Relevant case law is Kernott v Jones.

I will say that I don’t agree with this decision but I don’t make the law, I just regurgitate it. The case does go on to say that if the couple were living in the property and one party moves out, then any contributions to the capital or fabric or improvements of the property, after that person moved out but which were made by the one remaining, will be taken into account with the final division of assets from a sale of the property.

What the case law goes on to say is that any contributions to capital (not interest) and any maintenance or payment towards the property other than the mortgage, after a couple split up will be taken into account in the division of the assets. The reason it all isn’t taken into account is that if you have the benefit of living in the property then you have the burden of paying the mortgage.

Not relative to the case law but if either party wants the property sold, then the reluctant non-sale wishing party can be taken to court for an order for sale under the Trusts of Land Appointment of Trustees Act s14 and they would usually get the order against the reluctant seller and get caught and solicitors costs also awarded against the reluctant seller. If anyone ever threatens to apply to court for an order for sale, my advice to the other party is to get the estate agents sign up straightaway.

Meanwhile, a person is not responsible for the mortgage or the bills of a house that they do not live in although they remain liable to the lender if the other co-owner stays in the property but doesn’t pay.

I’m sorry, I know it’s not the answer you wanted.

Can I clarify anything else for you?

I am 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.

You may need to login again to use the rating service. Although it says "rate to finish" it doesn't close the thread and we can still exchange emails.

It's important that you use the rating service because that gives me credit.

It doesn't just give me a pat on the head! It's what gets me paid!!

There is also an experts incentive scheme whereby the more 5 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 points clarifying, I will still reply because the thread does not close.

Best wishes.

FES

Customer: replied 4 months ago.
Ok I see
But my argument is she's never or rather we have never brought a property together
I myself brought a plot of land an built my own house on it with my own money full stop several years on
I needed money for my next project
I asked her on a basis of trust only to show on paper that we could together make the repayments back to the lender which we did but in turn I would have to put her on the deeds and land registry to secure the lenders requirements.
But the facts of the matter is she has never spent a penny on the repayments because it was all set up for me to pay them back through the loan whilst getting along with my new project which I've done.
So now she's jealous of my achievements she's left and telling me that she's taking half of my home with her when she knows it was a trust of good will it was never a financial contribution from her part of the agreement.
I mean in the eyes of my Lord right is mightier than wrongs
So where is the Justice to be found on this earth through the Laws of men?

You said that she served the severance notice. That implies that the property was owned by you both as joint tenants and she severed the joint tenancy which means that it’s now tenants in common.

If you did not own the property jointly, then she may have a financial claim if she can prove that she contributed towards the property.

If however the property is in joint names and there was no agreement to the contrary, she is entitled to 50% regardless of the fact that she didn’t contribute. She could literally sit at home and do nothing and drink tea all day but still get 50%.

As I have already said, I think the ruling is unfair but I don’t make the law, I just regurgitate it.

If the property is jointly owned and the solicitor who did the transferred into joint names didn’t advise you of the potential pitfalls here, you may have a negligence claim to make against the solicitor.

Customer: replied 4 months ago.
I did say that she served the notice via her solicitor that doesn't mean it was owned by us both, I also said that I brought the plot with my own monies and I also built an established the house also with my own finances with out a penny from her!,
So it simply means I was letting her live with me for free, when I put her name on my deeds it was purely based upon a declaration of trust this is what lovers do, at least that was what I thought then, until I found out that she had been lieing and stealing money from me and hiding it under a false identity wrong name and then when I approached her to hold her accountable for her actions the next thing I no 7 days later she had left my home with over 40,000 pounds of our income which I had given her control over shes nothing more than a day light thief, but it is only for the sake of our children why I haven't yet told the police.
Can I build a case now you can see things more clearly?
but she has never been a joint tenant she is lieing to her representatives is that not a crime? trying to make a case under false pretence.
She can not prove that she's contributed anything to my property because she hasn't I can prove that with ease.

You said that she served you with the severance notice.

You haven’t mentioned solicitors until this last post.

You say that you put her name on the deeds. That gave her 50% of the property unless there was a separate trust deed saying otherwise or unless the deeds say otherwise.

If she has stolen money from you, then regardless of the fact that you lived together, it is a matter for the police. Whilst your stance that you haven’t told the police for the sake of your children is admirable, it appears that she doesn’t share the same point of view.

Apart from the new information of the theft, my answer remains the same.

F E Smith, Advocate
Category: Law
Satisfied Customers: 14570
Experience: I have been practising for 30 years.
F E Smith and 2 other Law Specialists are ready to help you
Customer: replied 4 months ago.
Ok well thanks for your advice Ms Smith.