Left controlling partner he owns house : am I entitled ?(13 Posts)
I left my controlling partner with the help of DV charity . At the time I was happy to leave everything behind me . As I am gaining strength and s bit more clarity I am putting my finances in order .
He owns the house and I gave him 4K towards the deposit three years ago . I was not in a position to be put on the mortgage . He was the higher earner however I gave him half to mortgage and bills each month . We are not married and do not have any children together just to previous partners . Nothing was put in writing .
I am not bothered about any equity in the house but as I am struggling starting again I can't help but feel I should be given back the deposit if anything and feel so frustrated that the monthly money I paid Is just dead .
Has anyone been in this situation or can offer advice I would be most grateful . I have been looking at various websites but it's all a bit mixed really
I'm bumping you up so someone with some legal experience can reply. In the meantime
Thanks for that . I put under money matters but suggested I try in here too x
Sadly it's unlikely they get deposit back if nothing in writing, could you have proof perhaps through bank accounts? Could be worth pursuing via small claims court.
I know it hard at move on but just be grateful you are out.Consider the monthly bills as rent.
You can rebuild so look forward.
Yes I have proof but only transferring some of the money and drawing out the rest from another building society . I'm sure I'm not entitled but I just wanted to be sure I'm not missing anything . Im thankful I am feeling a little better but frustrated at the thought I just kept handing over dead money when I probably knew It was going nowhere so that's my own fault x
Assuming you can prove your contribution then yes, you should be able to claim there's a resulting trust, which would be calculated as a proportionate share of the value (so if your £4K was 5% of purchase price, you get 5% of current value. Mortgage payments should give the the amount of capital reduction of the mortgage.
You should see a solicitor, about registering your interest.
Maybe think about registering a ' home rights interest' notice yourself with the Land Registry. You need a HR1 form from their website. It's very simple. Fill it in online or manually and post it back. No charge of you fill it in yourself (my solicitor advised me to do mine myself keep costs down). It had confirmation back within just 2 days. It will give you peace of mind that he can't sell without I you h
Leaving chance to legally look in to your claim. Good luck
An HR1 is only for matrimonial home rights. The restriction the OP needs is a bit more complicated.
Ah thanks for the advice , if nothing you have given me some points to enquirer about
Hi I am in same position(in Scotland dont know if different in English law) but we arent married and he moved out last year. We have one child together, as we lived as though married I am entitled to make a claim on some of the equity on the house, he made sure my name never went on mortgage and I gave money for some of the time towards whatever he wanted to use it for(bils, mortgage) nothing obviousley in writting, I gave him a few grand to pay off mortgage early and also paid over three grand to put new bathroom into house, it hasnt been tried as yet in any court to I think we will be the first ones to do it so there isnt any "test case2 as such to go on but yes if you have lived as though married to your partner for a certain amount of time( im not sure but think the law or judgement came in in the last 6 or so years) then you have a right to certain things like equity on the property.
Thwe above is English law. Under English law
1. Startnig point is if you are not married you have no claims which is why it is best always go get everything in writing in advance.
2. If however you paid into the hosue you may have the resulting trust implied as stated above whereas if you just say paid for the food you would not. This is English not Scottish law.
3. Also when you handed over the £4k what did you agree? Did you say I love so much here is an outright gift? Did you say this is for a share of your house? Did you say we agree that I have a one sixth share of the house or what?
4. As said above the registration you can do at the land registry as a spouse over the matrimonial home where you are not named as a co owner on the deeds does not apply as you are not married.
As said above you need to work out your %. Did you pay about 0.1% of the value or 20% or 50%?
Might be worth paying a solicitor an hour of their time to go it with you or just put the point to your partner in writing and he might write you a cheque to refund you your £4k plus mortgage capital payments (not interest payments) which you could accept in full settlement of all claims and you both sign to that effect.
To give 4K to someone, to have ZERO stake in what was purchased seems a little strange (However, you did live in the property) eg not on deeds or mortgage
Did you put anything in writing when you gave the money to say that it was a loan or a gift ?
I would try asking CAB for some advice
However, I do not think that you will be able to reclaim the money back
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