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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

my boyfriend has changed locks on the home we were due to move into this week

19 replies

addictedtolatte · 30/04/2011 21:27

i have been renovating a home with the father of my children and was due to move in this month he has changed the locks unknown to me and cut communications off with me i have no idea what is wrong with him. i have been with him for 16 years and he wont provide me with an explanation. the house is in the process of becoming his due to a will settlement. the home was his fathers. do i have any right to fight a case to move into the home or have i been conned? i have invested quite a lot of money into the project and just dont know what to to do or where to turn.

OP posts:
Portoeufino · 30/04/2011 21:29

Are you married? I would be booking an appointment with a solicitor asap.

Georgimama · 30/04/2011 21:32

Well he sounds just lovely. If the house has become his through inheritance I doubt you could construct a claim that you contributed significantly to the acquisition cost, because you didn't, but you may be able to make a claim based on your contributions to the renovation. Not sure what you want to achieve with moving in though - you're not going to get the whole thing signed over to you and surely it sounds like he is ending your relationship?

You need to see a solicitor who is hot on TOLATA cases (Trusts of Land and Trustees Act) asap, basically.

addictedtolatte · 30/04/2011 21:38

no not married. will book appointment with solicitor when i feel up to it just a not in a fit state a the moment am 6 months pregnant and in a state of shock. hes turned out to be a very selfish and ruthless man.

OP posts:
Georgimama · 30/04/2011 21:41

I really wouldn't hang around if I were you - before you know it that house could be on the market, sold, money gone/salted away. Not surprised you feel pole-axed but unfortunately time is of the essence.

fivegomadindorset · 30/04/2011 21:42

Do you still have all the recipts or any other proof of your contribution?

addictedtolatte · 30/04/2011 21:45

thanks george i will pull myself together soon and get to the solicitor before its too late. five i do have reciepts and a lot of my possesesions are in the house. my child is also on the waiting list a the local school.

OP posts:
Georgimama · 30/04/2011 21:50

What a nightmare. What a complete bastard.

lisad123isasnuttyasaboxoffrogs · 30/04/2011 21:53

How was odd, does he want to see the kids? Where are you living right now?

addictedtolatte · 30/04/2011 21:59

georgi it is a nightmare and am living it. i feel sick everyday but have to force myself to carry on as normal as am carrying a baby and have a 3 year old to take care of plus an ill father. lisad he hasnt tried to contact me over seeing his ds and it breaks my heart everyday when he asks for his daddy. i live with my father a the moment but he is going into residential due to ill health so i am officially homeless

OP posts:
Georgimama · 30/04/2011 22:00

You need to get onto the CSA as well. Your poor little boy. My son is 4 and worships his daddy.

addictedtolatte · 30/04/2011 22:16

i will try CSA but ive heard there not much good. my little boy worshipped his daddy and asks me everyday when hes coming. he is the cutest thing and i cant believe someone would let him down so badly. all i can do is make sure i do my best for him Smile

OP posts:
TinyPawz · 01/05/2011 01:33

I'm confused

caramelwaffle · 01/05/2011 01:45

Oh dear.

Collaborate · 01/05/2011 07:19

CSA are good. Do it now. Their old reputation is out of date.

I agree with everything Georgimama has posted.

BaronessVonEvenstar · 01/05/2011 09:31

oh dear.

sneezecakesmum · 01/05/2011 21:30

I doubt whether you would have any claim on a house solely owned by this man. Being unmarried puts you in a very unfavourable position. If you have receipts and/or can prove ownership of property/paid for materials for home improvements etc, you can go to a small claims court, provided the amounts disputed are within their remit.

Try for 1/2 an hour free legal advice, or the CAB.
What a twunt.

Collaborate · 02/05/2011 23:23

Wouldn't be the small claims court. TOLATA claims are in the county court, but not small claims.

OP you will also have a claim under the children act, schedule 1.

The amount you spent on the house isn't determinative of the value of your claim. It is a very technical area of the law. You may be entitled to half, you may be entitled to nothing. The only way to find out is to get advice from a solicitor that specialises in this area of the law. Go to the Resolution website and look for an accredited specialist near you who has expertise in this area.

It's not easy though to make a TOLATA claim unless you have evidence of contributions or promises made upon which you have made a commitment yourself. This is a gross oversimplification of the law though.

sneezecakesmum · 03/05/2011 21:48

Wouldn't things like furniture, TVs, etc be claimable in a small court if the OP has furnished part of the home and the ExP won't return them? I suppose new windows now being part of the fabric of the house can't be counted Hmm
Seems bloody unfair and most people posting on this site are nice trusting people that are getting shafted by ratbags!
Looks like they should teach children in school to go into relationships armed with a heavy dose of scepticism.

Collaborate · 04/05/2011 09:30

Furniture is owned by whoever paid for it, and can be dealt with in the small claims court.

The payment of new windows may give rise to a claim to have an interest in the property. That wouldn't be small claims court. On the other hand, if the windows were paid for as a loan, that would be small claims court, but you wouldn't really give the court only 2 options: loan or gift. You'd want to give the further option of declaring that the contributor now has an interest in the property. Much more at stake then for the home owner, which brings them to the negotiating table far sooner.

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