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Harris, Law Specialist
Category: Property Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have recently split with my partner we own 2 properties

Customer Question

I have recently split with my partner we own 2 properties family home and buy to let and the mortgage for both is split that we both pay the mortgage payments.
My partner decide to move out of the family home to the buy to let which is fine as the mortgage payments are equally paid by both parties.
My partner has moved into the buy to let with her 2 sons and is charging them board and lodgings. I known 1 son is paying £350 pounds a month as board the other has not been disclosed.
My partner is generating an income from a property that we both own I believe that I am entitled to part of the board that is being paid.
This property is generating an income for my X partner which should be shared how do I stand were an income is being generated and my X partner does believes that I am not entitled to a percentage of this income.
Its a buy to let I believe I am entitled to 50% of the generated.
Wher do I stand'
Submitted: 1 year ago.
Category: Property Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Who is funding the outgoings towards the properties?

Customer: replied 1 year ago.
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Customer: replied 1 year ago.
Are you kidding me read what I have already said my X is generating an income on a property that we both own which I do not benefit and I believe any income for the buy to let should be shared 50%
Expert:  Harris replied 1 year ago.

Who pays for the mortgage and household outgoings on that property? This is relevant to answer your question.

Customer: replied 1 year ago.
There is 2 properties the family home which I live in and my partner has moved into the buy to let her 2 sons have moved into the buy to let and are paying rent we both split the mortgage 50/50 I do not have a problem her living there but I believe the income she is generating from the sons living there should be of the sons is paying £350 the other I don't know what he is paying why should I pay half the mortgage for both properties and not receive part of the income that is being received by my x partner
Expert:  Harris replied 1 year ago.

Thanks for confirming. The legal position on this situation is that as you are both contributing to both the mortgages and are not benefiting from the use of the property you would be entitled to charge occupational rent, which is a reasonable market rate compared to the local area rental figures.

The exact details of the payments she is receiving from them for the use of the property will need to be disclosed as it is not clear whether this includes contributions towards rent, groceries and other outgoings which she may purchase and they contribute towards.

Given that you have now separated you may want to also look into cutting your ties with each other, in that you should think about having each of the properties transferring to each of your sole names.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Expert:  Harris replied 1 year ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.