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Ex DP - Claim on Family Home

5 replies

EdwinaLIzzard · 19/05/2015 14:24

I split relatively amicably from my long term partner of 18 years just over 11 years ago - we never married but have a daughter who is now 13 years old.

We owned our house, with a mortgage and had savings which we split approximately 70% / 30% in his favour, mainly to ensure he could secure a new property. ExDP basically gave me our house, the deeds were signed over to me and I took on a new mortgage. He also got our car and I had to buy a new one out of my share of the savings.

Over the past 10 years he has paid, without fail, monthly maintenance (albeit the amount has dropped by £150 per month over that time as he is a public sector worker and his salary has been eroded). After the split I returned to work and did well which meant I was able to pay the mortgage, extend and improve the house, plus pay school fees etc - the maintenance, although welcome is not a huge amount of money.

I have recently been made redundant, but am still able to manage and have no intention of seeking any more money from him, nor would I wish to have any claim on his pension or anything else.

My question is - would he / could he have any claim on my house???

The house was bought in Dec 1996, and we both paid into a joint account which covered mortgage / endowment and other bills, until he left in Sept 2003 - I have paid everything since that date, including moving more of the mortgage to a repayment as the endowment was not going to pay out.

I have to add, when he first moved out he did hand me a piece of paper seeking 15% of the house value if I sold within 5 years or 20% if I sold after 5 years - I neither agreed nor disagreed to this. We managed the split between ourselves and did not resort to solicitors. He also is not asking me for his share, nor pushing for a sale, I am just trying to plan for my future and my daughter's future an having to either sell our home when she reaches 18 or at least plan to buy him out would prove really difficult for us both.

Thank You

OP posts:
madreloco · 19/05/2015 14:26

You must have had a solr for the house stuff though...who got the deeds signed over?

EdwinaLIzzard · 19/05/2015 14:52

Sorry, yes …….

I have just gone through all the filed away papers, when I remortgaged to my name only, the Building Society appointed solicitors also managed the the Land Registry paperwork to have the house deeds signed over to me.

I have the papers with both our signatures and witnesses.

I guess, when I talk about no solicitors, I was really referring to the fact that we did all the negotiation ourselves - so apologies for the confusion.

OP posts:
Mitzimaybe · 19/05/2015 15:08

I guess you've answered your own question, then. If the deeds are now in your name only, and the mortgage is now in your name only, and you were never married, then I can't see that he could have any claim.

Mitzimaybe · 19/05/2015 15:08

Disclaimer I'm not a solicitor!

Collaborate · 19/05/2015 16:28

He can't claim against the house, as it's no longer in joint names.

You can't claim against his pension, as you were never married.

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