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Peter Collins
Peter Collins,
Category: Property Law
Satisfied Customers: 8318
Experience:  Barrister at Self Employed
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I'm hoping you can help, our house has just been sold mine &

Customer Question

Hello my name is dee & I'm hoping you can help, our house has just been sold mine & my ex, I've hern living here ony own for eight years after he walked out & I've been paying the mortgage on my own so when I asked for half of it back he said I'm not entitled to it because he let me stay here as a friend, please can you advise me what to do
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No because I didn't think he would be like that plus he wants his £32,500 back that he put down as a deposit from his old house & half of what we have left after paying everything off
JA: Where is the house located?
Customer: Irthlingborough
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: He did pay half if I needed anything done to the house like a new shower or the garden, I didn't want a lot more just maybe some of it back
Submitted: 15 days ago.
Category: Property Law
Expert:  Peter Collins replied 15 days ago.

Good evening.

My name is ***** ***** I specialise in family law. I’m happy to assist you today and I appreciate that is is important that you find a resolution as soon as possible.

Please note that our discussions on this site are for general information purposes and do not create an lawyer-client relationship. It is always recommended that you consult with a local solicitor for specific legal information.

I'll do my best to resolve this for you, please give me time to review your question and I will revert back to you shortly.

Expert:  Peter Collins replied 15 days ago.

Did you have a deed of trust drawn up when you purchased the house to protect his deposit?

If not, did you have an agreement that he would get this back?

Customer: replied 15 days ago.
I didn't sign anything but I did say that he could have it
Customer: replied 15 days ago.
I'm OK I just wanted to know if I need to get my own lawyer
Expert:  Peter Collins replied 15 days ago.

I understand.

You may benefit from seeing a solicitor on this matter. Trust law cases are quite complex, and this falls under trust law if you need to go to court for a remedy.

In terms of what your reasonable expectations should be, as you have had the benefit of occupation, and he has contributed half to repairs and upkeep along the way, it would be unusual for you to be able to claim back your mortgage payments (given that he would have had to make rental payments elsewhere having not been able to live in the house he actually owned).

The deposit is less clear cut, as there was no formal deed of trust, but under the scrutiny of the court are you going to be able to say that this was not your understanding? You've told me that you said he could have the deposit back. That's probably enough for him to ask for this back as equitable principles apply - i.e. what is fair and what was agreed verbally for example, even if not written down.

My initial view is that he is correct in his assumptions, I'm afraid.

But you should go to a solicitor locally with all o the facts and figures and they will be able to give a more definite view for you.

You can search for one here: https://solicitors.lawsociety.org.uk/

Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you.

Expert:  Peter Collins replied 13 days ago.

Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter