Cohabiting, Separation, Beneficial Interest

[Jiggins87]

Hi folks,

Does anyone have any experience in the above or can offer me any advice.

Met my ex partner in 2013 at school we were both single parents. Good friends initially. He had his own flat (owned) and I had mine (rented). We were engaged in 2014 and made plans to live together. He sold his flat in 2015 and he and his daughter moved in with me and my daughter. While living with me I paid all the bills and he contributed to food shopping, this was to enable him to save for the purchase of our home as I didn’t have any savings. This arrangement lasted 9 months until we moved into our “family home” in Feb 2016. The mortgage was in his name solely because I was clearing some debt and due to him earning almost double my wages we were able to get a better mortgage in his name only. I was always led to believe that after 3 years my name would go on the mortgage because my debt would be cleared... anyway...

2016 we move into a beautiful home, this home was chosen specifically because it was close to my daughter secondary school that she was due to start in September 2016 and it was close to a bus station for his daughter to access a route to her school. Bills were split 60% him and 40% me due to earnings. Each month I paid this into his bank account, all bills in his name. Naively I didn’t question this... I trusted him. My payment reference was “mortgage & bills”. On a couple of occasions he sent me a break down of the payments in a message.

During the 3 years living in the house I contributed to purchasing furniture, home improvements, paying for fitted wardrobes to be built etc. When we left my flat I sold/ gave away most of my belongings because we planned to purchase all new items.

Moving in with him is one of my biggest regrets in life... but I won’t go into these details. In March 2019 I had to make the decision to leave while I still had some sanity. I returned home from work with my sister and packed up what I could (clothing & toiletries) and left him. He made some attempts to lure me back to him but I stayed strong and politely declined. Once he got the message he went silent. For months I begged him for the rest of my belongings and heard nothing. Out of the blue in Jan 2020 he contacted my aunt to say he had a van booked for X date to return my property. I didn’t want to dispute this and was just happy to have some of my belongings back. The van arrived everything neatly packed and bubble wrapped and labelled... Sounds so kind but I found this very odd. Anyway...

Me and my daughter are still technically homeless, I’m living with a family friend so I can save to get us back on our feet so we can set up a home. I currently have some savings.

Is this something worth enquiring about with a solicitor? I feel that I can prove a beneficial interest in the property... it was purchased for £205,000 in 2016, it’s now worth £259,000- £317,000. I contributed £13,000 to the mortgage while living there.

I don’t want to waste the little savings I have but feel I have some rights....

I have some legal background in this area though I’m not a legal specialist. Regardless, there are solicitors who will happily tell you that you “may” have a case (and indeed you may) but be unable to make your case when it comes down to the details and proving it. If two solicitors have told you they think you have a strong case and it’s very likely you’d be awarded 40% of the increase in value based on your contributions, then get them to put that in writing and take your case on. If they won’t then be wary of throwing thousands of pounds into what may amount to a very slim chance.

As horrible as it must be for you feeling deceived by him, it's not worth pursuing this. You weren't married and you didn't financially contribute to improving the property, you just paid a share of the bills and effectively 'rent' during the time you and your daughter lived there. The 9 months he lived with you for free were at your discretion. You could have said no or got him to pay you rent, but you agreed he could live with you for free, and you can't change that now.

This is the protection that marriage offers legally. Engagement is no more than a promise, and as you have learnt, promises can be broken.

Where would we be if every cohabiting couple who split up could claim an interest in their ex partner's property?

I think I’ll leave this to the professionals to decide. It’s evident that no one has any direct experience of a case like this.

Ok spend loads of money wasting it
Suit yourself
You asked
People have told you

Still you know best

I have direct experience...

You don't have a case.

The agreement was always that I would go on the mortgage when we re-mortgaged
So that was the arrangement? But you left before you got to that time, so how did he break the arrangement?

It would be different if you got to that point and even though you were then able to be added to the mortgage he refused, but that's not the case, he stood to the terms of your agreement.

You paid £13 rent, which you would have paid, if you rented alone

The mortgage was not in your name

He paid the deposit & the mortgage

If he was a decent sort of person, he could have given you a small deposit to rent somewhere when you moved out

He owes you nothing

If you are determined to look into this then as a pp advised you need to get more than a vague promise of success from the solicitors you have spoken to.

You need to weigh up the likelihood of success in bringing a case versus the amount of money you will spend on legal costs. It will rely on you providing evidence to support your contentions and the legal team finding the legal framework that can be used.

Success in this area is rare enough to create headlines. But those cases turn on specific evidence and involve a lot of money.

A good solicitor will lay out the potential cost and the likely outcome in more detail than just saying you have a case. That is just a sales pitch to get you in a chair paying for their time. If it was advice given in a social context then it’s just them avoiding confrontation.

Going after this money might cost you more than you gain and will involve a battle. There’s a MH and emotional cost.

As others have said although you put in, you got a place to live in return and the opportunity to pay off debt and save. I think you got just as much win as him.

@Jiggins87

I think I’ll leave this to the professionals to decide. It’s evident that no one has any direct experience of a case like this.

Well it isn't down to the professionals to decide. They can only advise you and they will never (or shouldn't) give you a degree of certainty as this area is drought with difficulty and extortionate cost unless he buckles and offers a settlement.

An acquaintance had a similar experience to you. Moved house with her BF and their child. House was in his name for whatever reason (think the huge deposit) and together several years. She "contributed" in several ways but unless you have an agreement or can specifically show contributions...ie paying the actual mortgage and not rent it really was flogging a dead horse. She started down the road of legal proceedings (she felt very bitter to be fair and sounded like she had been treated badly) but she was advised the chance of success was a lot less than 50% and the costs were going to be eye watering as it was clear he wouldn't settle.

She had no choice but to leave and go into rented. Hence my previous comment about common law wives.

I always say to save the babies for after marriage and NOT before although I appreciate you are not in that position