Property Law anyone ? Dp's exP wanting money after co-habiting

[prettywhiteguitar]

okay not ssure how this sounds but.....

my DP's exP from about 4 years ago would like around £1500 for goods purchased for the flat that they co-habited in.

My DP bought it using his salary and money from his parents as a deposit. She didn't contribute, and also it appears from bank statements and dp's crap memory didn't pay anything towards mortgage at all.

She was studying and then got a job - well paid social worker but bought a car..so dp was paying for them to live - mortgage and paid all the bills.

Now she wants repaying for the laminate flooring and a basic kitchen they had fitted - dp estimates they paid about £500 for both. So seems to be asking for about a thousand pounds more, she advises that she has a break down from bank statements.

Now we have just sold the flat and she wants the money. She also has a letter from DP at the time of the split saying he would sort her out. Not sure what it says but she is using the fact that she has taken it to a solictitor and they say it carrys some weight- although no solictors letter as yet.

Unfortunatley we really don't have the money - selling in a recession due to dp's job move made us take a lower price.

Now I am being very selfish here and think that it should have been sorted at the time and seeing as her and her boyfriend have a property together, double income and no kids she should hop off......but is that right and what are the legal implications ?

We are a single income family with one child from my previous relationship and one of our own on the way and really can't afford to give her £1500.

I applaud you if you have got to the end of this very boring and rambling post and would really appreciate any comments ??

Thank you

I don't think she has any sort of claim. Tell her you'll wait for a solicitor's letter and act accordingly.

Tricky one. If she paid for half a tv, she'll own half of it.

Fixtures and fittings might be different. Depends on whether she did so on the basis she'd own an interest in the property, or on the basis that she'd get the money back, or just as a gift.

If I were him I'd tell her to sod off though. He should just ignore her calls.

I thought so too, but Dp is being whimpy about it in the extreme and thinks that if we request a solicitors letter she will want part of the property as she was named as a habitee on the mortgage, it is making him very nervous.

She is saying if he gives her £1500 then she will give up any claim on the flat.

I think that sounds dodgy and certainly not the way I would go about trying to recover costs..

Think second hand value! Worthless goods, IMHO.

Being named as habitee on a mortgage does not give anyone a financial interest in the property, as far as I know. It simply is a way of making sure the mortgage lender is aware that someone other than the person taking out the mortgage is living in the place.

Resolution, I thought the same, as she lived there for about four years so she got use out of the stuff she bought.

Dartsonwednesdays, I think that he's worried that she can prove she lived there. I just don't know if it makes any difference. He changed the mortgage after she left so her name wasn't on it when we came to sell it.

Personally I think its a cheek, particularly as I have lived with a bf in the past and done diy etc but am not trying to make a claim on the property.

Let me get this right - was she named as one of the parties to the mortgage? This would only be the case if the property was owned jointly.

If, when he bought it, it was known that she'd be living with him, she will have been asked to sign a waiver, meaning that as between her and the mortgagee, she would always recognise their priority to be able to claim the proceeds of sale of the property. It wouldn't prebent her making a claim against him for an interest in the property, but it is very hard for people to bring successful claims such as this and on the facts as you describe them she doesn't stand a chance.

I think merely paying for the modest things she paid for can be explained as something other than her acquiring an interest oin the property.

a very good way to get rid of her is to say that if they are worth 1500 you'll take £750 for his half of them

if she has to pay half the value all of a sudden they'll be worth v little

The points you've made are very vaild which I think is why we haven't got a solicitors' letter.

I think she is relying on the fact that dp has a good heart (she doesn't know that i'm a hard ass) and that he will just hand over the money. Which he would have done if we had had it from the sale.

Thank you for all your information and suggestions Resoulution & freshmint. This has been invaluable advice ! I may well be back...but for now I think I have enough to encourage Dp to leave it and not contact her to pay the money. But I am sure we will hear from her again.

If your DP is the only owner named on the deed to the property, then the "naming on the mortgage" to which you refer was probably a disclaimer under the Matrimonial Homes Act, basically making the exP relinquish any claim to the property. Mortgagees demand this before lending if there's someone else living in the property, otherwise, if they repossess, they are in danger of having their right to sell the property trumped by a "resident spouse" claim to occupancy.

The floor and kitchen are fixtures and are part of the fabric of the property, not removable items that you would take with you upon a sale. As such, they are part of the property, and, as she is not the owner of the property, she has no legal right in them.

There's a chance she may have a claim in damages for her share of the cost, but she'd have to prove some promise was made that she'd be paid back or such like upon a break up (what is in that letter??!). Even if she could establish a claim, the quantum (ie, amount of damages) would be miniscule. Also, the amount she wants would amount to a small claim - it would cost her more to pursue this amount through the court than she's ever actually get back (she would not get costs if she won).

Thank you reluctanthomosapien for clarifying things, the letter is basically him feeling guilty and promising to give her money on the sale. So there is is her ammunition, but as we have not had any comunication for a while maybe she isn't going to bother...

I talked to him and although he knows legally he doesn't owe her anything he feels he should, so I guess its up to him !

We hadn't talked about it for a while so I wasn't sure how he felt but I'm glad I know where we legally stand.

Thank you for all your help