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Upcoming solicitors appt, reclaiming money paid towards ex's house extension - advice on what to ask please

4 replies

allthequestionsnoanswers · 16/07/2018 14:32

Myself and ex are separating - have thread in relationships.
Im a SAHM to our 2 children. He owns the house. We're not married.

He's (at some point) giving me notice to leave so I can get help with being rehoused.

I bank transferred him £3k 2 years ago as 'house extension loan'. We couldnt afford to complete without me doing so. I also was the one here for builders/deliveries etc while he was at work, as well as helping with fitting the new kitchen/digging foundations etc.

Citizens advice have given me a free 30min appt with a solicitor regarding claiming this money back - they (and my health visitor involved) say I should be entitled to that back plus possibly a bit more after leaving my job to look after the children (ex cant do any childcare due to changable work hours). Lived here for 5 years. Ex owned house approx 1 year before I moved in.

Does anyone have any knowledge if this is accurate beyond just claiming back the £3k? Any questions/advice so I can make the most of the appointment would be very much appreciated.

OP posts:
HelloBrass · 16/07/2018 14:45

It's a really tricky aware of Law. Sorting out finances and properties for unmarried couples is completely different to those who married.

In the first instance, only your ex has any legal right to the net equity in the property.

It sounds like you have two options; make a claim for the £3k capital you invested into the building works, or try to establish an interest in the property by way of "common intention", i.e. he always promised the house would be your joint property.

Option 1 is easier than option 2 but both are difficult and expensive. It would be best to try to agree with your ex. Does he recognise your contribution and would agree to repay you? To try to establish a beneficial interest you would need to find some persuasive evidence that your ex made a promise to you and you relied on it to your detriment.

The other factors you mentioned aren't really relevant in the circumstances, unless there's a chance you can make a Schedule 1 claim. The Health Visitors opinion is entirely irrelevant.

The solicitor will ask you the questions to get the information he or she needs to give you some basic advice, but try to be as concise as you can. Also see if you can dig out any paperwork confirming th ebank tranfer and payments to builders etc.

Good luck

allthequestionsnoanswers · 16/07/2018 16:21

Thanks for replying @HelloBrass

I thought it all sounded rather unlikely - but the health visitor was very insistent I must see a solicitor so i'm very thankful Citizens advice have offered me the free 30 mins or I'd be even more out of pocket! She's even going to call me to check up that I've booking something Shock so at least i'll be able to say I have.

I'm hoping things will be done amicably and he'll just repay me - for the good of the kids if nothing else. I'll print the transaction of the transfer (where it does state it was a house extension loan) ready for the appointment.

OP posts:
Collaborate · 16/07/2018 18:42

Fully agree with HelloBrass (a solicitor?). I would add that option 2 is probably scuppered because you referred to the £3k as a loan.

worridmum · 18/07/2018 01:14

I have to warn you it would be very expensive for option 2 highlighted by HelloBass and has collaborate has mentioned as you have mentioned it was a "loan" you would struggle to claim a beneficial interest in the house.

Option 1 is your best bit but it may not be plain sailing as you at the very least will incur court costs and if you employ a solicitor is could very well eat up the majority of the 3k.

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