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cannot afford solicitor to fight ex who is claiming beneficial interest in my house

84 replies

Olly2002 · 18/01/2019 09:02

HI. I was hoping for some advice regarding defending claims that my ex has a beneficial interest in my home. It is quite complicated but I will try to explain. I met my ex 8 years ago when he did some work for me in my house (he is my friends uncle). All the work he did was paid for and included some work to the kitchen and bathroom. The jobs were paid for in cash with no receipts given and no written agreement.
He was and still is married however after some time (2012) we began a relationship which was on and off for years. The main reason that it was on and off was due to financial reasons.
I moved in to a rental property, rented by myself, and my property was getting sold. He stayed with me there on and off but never offered to pay a penny towards bills, rent etc and the relationship was very new and he was still (he told me) paying for bills in the marital home (council tax as he did not want to loose his property rights over the marital home). If i asked him for money he would leave and go to family members for a few weeks and then return and give me a sob story about how he would change
As time went on I became more frustrated as I could see he was very mean with money. He would allow me to pay for everything despite me being on a low wage and bringing up my young son. He used to always complain that people hadn't paid him as he was self employed and that he was still paying for things in his marital home. He also had a rental property which was earning £500 per month. He would constantly change his story around money and lie. He would give me a little bit of money, very reluctantly on occasions however this did not last long as we continued to argue over his attitude and meanness. It was complicated by that fact that he stated he had nowhere to live when he left and would end up staying with family members and I would feel guilty about this.
Anyway in 2013 when we had split up I bought another house using the proceeds from my former home which had been mortgage free and a mortgage. We were still seeing each other and he seemed to have an emotional control over me. Yes i know I was stupid but I felt like I loved him and he could manipulate me as he was very charming and persuasive. He would admit that he had issues with money and in an attempt to rekindle our relationship he encouraged me do some works on the property which included putting in a new kitchen and some bathroom work. All materials were paid for by myself. I knew that he had a lot of money as he was constantly working and had very little outgoings. I agreed to do the work and we both did it together. I saw this as his way of contributing to our relationship since he would not commit or get divorced. He stayed with me a lot during the time I owned the house although would go and stay with other people so that he did not have to pay anything towards the household bills. All his post went to his marital home and he did nothing about getting divorced or getting any assets out of his marriage in order to be able to support himself or bring to our relationship.
In 2015 my uncle died and left me approx 70k and at this point my ex encouraged me to move to a better area and invest the money in a larger, more suitable (for him) house. He said that he would help renovate a property as thats what he enjoys and that we could both live there. I agreed to do that I saw that as his way of contributing whilst i continued to pay all the household bills including food. The previous property was sold and did not make any profit due to money that had been spent on it
He was always reluctant to talk about money or sort out any financial affairs and this resulted in me believing that he was helping to do it up instead of paying towards the running costs. We both worked hard on the house and he stayed with me most of the time. The house was suitable for him as had a large garage for his tools and and driveway for his van.
Whilst doing up the house he continued to work so his income was not affected and I also paid people directly to do some of the works that he was not qualified ( he claims to be a painter and decorator on his tax returns) to do eg full electrical rewire, plumbing, digging out and replacing driveway. Those jobs were paid for in cash and therefore I don't have receipts however I can prove via bank statements that this
money was taken out of my account at the time.
The house took approx 6 months to do up and there was, perhaps, a little profit in it at the time. Bought for 132k, spent approx 50k on it and it was valued at 200k. I did not feel he was owed anything as I had been paying the mortgage and all the bills and he had been saving his income. I believe he had around 50k in savings at that time and numerous people who owed him money, or so he claimed.
I did not sell the house but he was continually encouraging me to look for property to do up again however I did not believe any were worth doing and felt that he and I would be better off working to earn money. I continued to feel annoyed about his money habits and the fact that he would not get divorced. I carried on paying the bills for another couple of years without any support from him. I was very frugal and did not run a car and did not really go out as when we did he would always be negative about it.
We did look at other houses and he told me that he would put his money into doing up another house. He said that it was best bought in my name so as to avoid the 3 percent stamp duty and also because if he formally left the marital home he would be liable for capital gains tax on any increase in the homes value. He also did work to that home whilst we were together as it was still his property.
Sorry this is really long.
He seemed to be becoming more controlling and i felt isolated and alone as we never did anything and a lot of our relationships with family members had broken down due to our unstable relationship. I think he liked it that way as he just wanted me at home looking after him and going along with his plans. All he seemed to care about was property and money. He even admitted on an email that he thinks he has a money disorder. Last year he did a lot of work on my aunties house for which she paid him 23k in cash. When i bring it up he says she is lying however I know she was paying him £130 a day for 9 months.
Fast forward. WE had arguments towards the end of 2018 and he choose to leave so I told him he wouldn't be coming back and took his key. I decided to sell that house and downsize as I did not need the driveway and garage and wanted to be mortgage free as on a low wage. I wanted to be free to live and have fun before I got too old (im now 45).
He started asking me for a financial settlement in regards to the works he had carried out however i refused to offer anything as I didn't believe he should get anything after he had been saving for years whilst I had been paying every bill.
My house was in the process of getting sold and he got wind of it and went to a solicitor and during the final stages of the house sale, was due to exchange contracts last week, his solicitor has put in a an application to the land registry claiming he has a beneficial interest in my property due to major building works he has carried out in various properties. He agreed for me to sell the house however all the proceeds would be held by my solicitor until a resolution was agreed. I could not do this as it would have made me homeless. I had seen a flat and had an offer accepted and was planning on moving into my mums for a short while whilst she was away in Australia. After that I was planning on living in the fact with no mortgage. I have had to pull out of the sale. I tried to be reasonable and offered to keep 40k back which would allow me to buy the flat and also have money to satisfy any claim he may have. I thought 40k was well too much however I could have still achieved my goal of being mortgage free. I even offered him 10k as a good will gesture. He lead me to believe that he was happy for 40k to be held back but after a week of trying to get communication from his solicitor, whilst waiting to exchange contracts on my house, I finally received an email sating that they wanted the whole balance held back (approx 160K). For this reason I cannot sell my home and I cannot afford to get into a legal battle with him over this.
His solicitors are saying we agreed to do this as business venture which I don't agree with. I am considering how to deal with this going forward. I feel that self representation may be best however am not legally trained so may make a mistake. His solicitor is asking me for receipts for building materials and also my mortgage redemption statement. My mortgage redemption statement does not show the true picture as I have made a lot of overpayments using credit cards as they were cheaper (0 percent for 3 years) and also some inheritance was used to overpay. A lot of the work was paid for cash so i don't have receipts (electrician etc). I do have a lot of bank/credit card statements which show a vast quantity of money being spent at that time at various building stores so I assume that will help.
Any advice on how to deal with this matter would be thankfully received

OP posts:
Olly2002 · 18/01/2019 09:11

Oh also his solicitor does not seem to be asking for information about what money I put into the property which had nothing to do with him. I feel now I would have been a lot better off financially if I had never met him.

OP posts:
Changedname3456 · 18/01/2019 09:16

God, what a scumbag.

I think you could end up very badly off if you self represent. Writing off £10k in solicitors fees now could possibly save you having to fork over £80k later.

Some solicitors will offer a session for free for 30 minutes. They’re really just going to tell you whether they think you’ve got a reasonable chance of success so don’t expect too much, but worth trying.

CAB aren’t great either as they’re swamped these days, try them too.

Definitely start getting as much proof together as you can. Are there any texts or emails between you and the tradesmen to back you up? They must have discussed costs at some point - is any of it in writing?

notapizzaeater · 18/01/2019 09:19

He's used you - what a dick ! Have you legal cover on your house insurance ? They might be able to advise ?

Whothere · 18/01/2019 09:20

That sounds so complicated you really need legal advice. You never know, you might be able to negotiate a fair deal through the solicitors before costs get out of hand. (Depends on what type he is of course. My exh took me all the way to court re house/finances.)

Olly2002 · 18/01/2019 09:25

i have employed a solicitor at the moment who has sent his solicitor a reply and stated he is not owed anything due to the situation.

I will look at my insurance. Thanks for that idea.

I have proof of a lot of the bills but some of the trades were all organised verbally. Im sure they won't be happy now to give bills as I assume they will not have declared the income. I would say that amounts to approx 10k -15k. The other money was paid on my credit cards so I will have proof of those costs. I don't see what he would be entitled to half the profit as that profit is only there due to me selling previous property and getting inheritance. I feel like I have a string case as does the solicitor.
He has no proof of anything whereas I do. He has no proof he was even with me let alone what work he completed.

OP posts:
Doyoumind · 18/01/2019 09:25

You have to see a good solicitor who you trust about this. You need legal advice. It would be a terrible idea to self represent with no paid for advice ever.

frenchchick9 · 18/01/2019 09:26

Oh God, that sounds awful. He sounds vile.
I really think you need legal advice on this, as it could cost you more if you try to do it yourself.

Surely a solicitor would need to see a written agreement between you? Would a solicitor ask to see proof that your ex paid any mortgage, bills etc on the house?

These might be useful: www.starckuberoi.co.uk/proving-beneficial-interest-property/

www.blasermills.co.uk/even-if-my-name-isnt-on-the-property-deeds-do-i-have-any-rights/

forums.moneysavingexpert.com/showthread.php?t=1122285

Gazelda · 18/01/2019 09:26

Wow! What a shitty shitty man.
Thank god you are no longer in a relationship with him.
But this is very complicated. And he is obviously not going to behave reasonably. I think you should spend whatever you need on a top solicitor to fight this. It would be worth it to get him out if your life permanently and for your own peace of mind.
I wish you luck

Olly2002 · 18/01/2019 09:32

i think he is very bitter and wants to make me suffer for ending the relationship. He hates solicitors and spending money so I am surprised he is now stating that he is happy to spend money taking it to court. He is probably bluffing.

I have been told that if i make him an offer which is higher than the amount the court decides then he would have to meet my legal costs. Alternatively if I make him an offer lower than what he is awarded by the court then I would have to pay his legal costs. So very risky for both of us.

I just don't think he has a leg to stand on. The house, when all costs taken into consideration, has only made 20k so my offer of 10k is more than fair in my eyes.

I have replied to my solicitor and told her i disagree that this was a commercial venture and also its Upton him to prove that he has a beneficial interest. I can't see how he can do that really when there is no proof of what he actually did and lots of jobs were contracted out.

OP posts:
whattimeisitnow · 18/01/2019 09:37

See a solicitor and don't deal with him directly or send anything until you have had proper legal advice.

whattimeisitnow · 18/01/2019 09:38

I would imagine you could show that you paid all mortgage costs and bills during the period he was living with you which would count against his case.

Olly2002 · 18/01/2019 09:41

Top solicitors cost a lot and i can't afford it now as can't sell my house. I work part time as a care worker looking after disabled children which is not brilliantly paid. Im not entitled to any benefits as earn about 20k per year. Now i have to continue paying the mortgage on this property which i was hoping to sell. My son turns 18 in a year and i will no longer be getting child maintenance from his father or child benefit.
My solicitor said it could cost 10k to take to court.
If he agrees to a settlement, which I am loathed to do, then i would need to sell the home to pay him off. I was happy to do that but he won't even tell me how much he wants.
His solicitor is not asking for all the relevant information as far as I can see. Obviously my money i put into the property should be accounted for as should the mortgage payments and anyway I dispute that there was any agreement for him to get anything as he paid nothing towards living costs so that need to be calculated

OP posts:
Wherearemymarbles · 18/01/2019 09:47

Report the cash you gave him to hmrc. Or tell him unless he backs off you will inform hmrc.

Wherearemymarbles · 18/01/2019 09:52

I dont thin he has much hope as you can argue work i lieu of costs. Anyway def tell hmrc about all the cash you and your aunt gave him...

Olly2002 · 18/01/2019 09:53

I have just called my insurance however am not covered for legal costs for this type of matter

OP posts:
Olly2002 · 18/01/2019 09:57

I will ask my solicitor about reporting him to HMRC and maybe she can state that in a letter to his solicitor and he may get scared as he was always paranoid about getting investigated and hated putting money into his account. I think he would just claim to earn a minimal amount, say 15k, pay little bit of tax then stash the rest. Problem he has is due to tightening restrictions he cannot use the cash for anything. He bought a new van also last year. He did not put it on his self employment tex return as he said they would wonder where he got the money from

OP posts:
Hyggebernati0n · 18/01/2019 10:07

Is he still married and does he still own his marital house ?

notapizzaeater · 18/01/2019 10:10

Surely if he's registered for ct at another address he has no say in your property - can he even prove he lived there ?

Is your son in FT education ? Check the gov website - I'm sure cm is paid till 20

cannot afford solicitor to fight ex who is claiming beneficial interest in my house
Whothere · 18/01/2019 10:16

It sounds like he is just trying it on tbh. You might be able to call his bluff.

I know someone who lived with a partner for ten years and he was not on the mortgage although he claimed he regularly gave her cash and helped improve the house. He was advised it wouldn’t be worth his while pursuing it legally as he had nothing in writing. He did ask her for a payout and she told him where to go.

Olly2002 · 18/01/2019 10:30

He has no proof he ever lived with me. Which he only did on and off as he wouldn't pay anything. We met at the end of 2010 when he did work, paid, on my home.
I just received the notice through the post of an application to register a resitriction against the land. I have till 4th Feb to object to this which I will obviously do.
It states he cohabited with me for ten years. We only started having a relationship in 2012 which was 7 years ago. I think he has been advised to say over ten years as this may have legal implications.
He has been registered at his marital property for the whole time.
My aunty who paid him a lot in cash says she has written everything down and even had him sign some things at the beginning of the job. She has receipts for all the materials bought so that should help

My son is in full time education. I checked tax credits and it said im not entitled to any benefits but do get child benefit as that is paid regardless of income

OP posts:
Olly2002 · 18/01/2019 10:34

Yes he is still married and owns his marital home outright (approx 300k) and also owns a rental property (approx 90k) both in joint names with wife. His wife told me, by email, in 2014 that he had allowed her to pay all the bills during there marriage. I think he would claim that he couldn't pay regular bills due to being self employed. He told me he used his wages to pay off the mortgage, buy furniture, holidays and the rental property. So he has lived his whole life not paying bills but building himself (and wife) up financially. I know for a fact, because i have seen his bank statements that he has approx 50k saving in his bank and also a safe full of cash

OP posts:
lilybetsy · 18/01/2019 10:45

This is total bullying bullshit. Go to a good solicitor, write a strongly worded letter (from the solicitor) telling him you will report him to HMRC etc .. it won’t cost that much and I bet he backs off. In the meantime have NO direct contact.

Hyggebernati0n · 18/01/2019 10:49

I suggest asking the same question in the Legal section. I think he is trying it on !

Thingsdogetbetter · 18/01/2019 10:54

Remember that his solicitor will send letters claiming any old shite even if that solicitor knows it's bollox. They charge by the letter. So he's just trying to scare you into making a panic settlement. Do not offer anything as this could be taken as agreement.

Just get a letter sent saying you refute all claims and have evidence to support this (don't give details). Say you will not negotiate (ie wasting more money on solicitors) and you will see him in court should he like to present his evidence in court.

He's trying to get you to panic. Keep your nerve. He'll give up!

cstaff · 18/01/2019 11:05

Don't make any offers to this scumbag - he is definitely just trying it on. His solicitor will put anything in a letter that he is told to. Just say no and see how far he takes it. It doesn't sound like he has proof of any of this and is just trying to pull a fast one. And if he has been avoiding the taxman all these years I would definitely let them know. He deserves it.

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