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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

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Original poster

To want money back from ex?

61 replies

Teabeanie · 10/02/2023 13:45

Long story short I lived with my ex for just under 18 months before I left him. We were In the process of adding me to his mortgage so we would be joint owners of his property. We renovated the property and spent around 12k all in. With hindsight I realise it was foolish to put 6k of my money into a property I didn’t own yet but at the time it was for keeps so it didn’t seem like an issue.

He initially said he would pay me back when we broke up but then refused as he was angry I’d left. I left due to emotional abuse, gaslighting and cheating. I’ve found out he intends to sell the property and I’m annoyed about the money I’ve lost. I’ve enquired with a no win no fee law firm but I’m not sure if I have a case? The renovations have definitely increased his property value as he has a new bathroom and kitchen. Should I email him and let him know I’m pursuing legal action? Or should I just move on and accept I made a stupid decision? I’m annoyed about the whole situation and want to move on but 6k isn’t a small amount of money. I’m just not sure on where I stand. Thank you

OP posts:

Hydie · 10/02/2023 17:45

Would he be able to take you to court for rent? You lived rent free for 18 months.

TibetanTerrah · 10/02/2023 18:13

worried4698643 · 10/02/2023 17:40

You are being incredibly Silly OP.
A firm is not going to represent you on the slim chance they might get 2k back. There will be a clause somewhere where you will have to pay.

Write it off. You lived rent free. You are actually already financially winning here already.

When I had a NWNF solicitor for an RTA the contract said costs or 25% of the settlement, whichever is higher.

You sound like you're being blinkered in pursuit of getting your own back. Don't get stung because you're not reading things properly!

Mexicola · 10/02/2023 18:15

Thinking back to land law… you probably have a case due to implied trust etc but your £6k will be eaten up easily
with legal fees. Ask the solicitor to write a few letters for a fixed fee and see if that scares him enough to pay you.

Lemonyfuckit · 11/02/2023 09:54

Honestly OP I would be very very hesitant about pursuing this - this might be no win no fee BUT if you take him to court he will have legal costs too and if you lose you would be liable. If I was your ex and got sued for this I would counter sue for rent, which could very well come out at higher than £6,000. Honestly for these kind of sums it's almost never ever worth pursuing legal action as the legal costs will come out higher than the amount claimed. A court would likely found that you in fact had a fair deal as £330 rent for 18 months is very low.

Lemonyfuckit · 11/02/2023 10:00

And I also say that as a lawyer albeit one not biased by the thought of getting your fees for doing v little work. Please don't be naive about these type of no win no fee arrangements. And as I said and others have, there's still HIS legal costs to factor in which if you lose you would almost certainly be liable for and even if you win you can still sometimes be liable for costs as the costs get awarded separately. So between his costs and the disbursements minus any potential counter claim for rent even if you win the potential amount you actually receive would be much less than £6,000, or alternatively you could find yourself more out of pocket, plus having had the headache and stress of legal action.

afinishedkiss · 11/02/2023 10:05

Not a leg to stand on OP. I can’t see how you honestly think you are owed a penny back having lived rent free for all that time! Surely you were renting before you moved in with him so you were saving all that money! Not a chance in hell will you win this nor should you.

Deathbyfluffy · 11/02/2023 12:08

Parky04 · 10/02/2023 15:56

If I was your ex, I would just say the £6k for renovations was in lieu of rent. The 'no win no fee' solicitor might send one letter and hope he pays out, as that would be easy money for them, but I doubt they will take it much further.

Yep, this.
You didn’t have to pay rent or a mortgage and lived there for free aside from bills - a pretty sweet deal.
Hopefully the ex can get a judge to see sense, you can’t have your cake and eat it.

FloraPostIt · 13/02/2023 08:41

I see you have spoken to a 'caseworker ' and not a solicitor, which rings massive alarm bells that this isn't a reputable solicitors ' firm. Please, please pay attention to the advice above about checking the contract. Who is responsible for the court fee, his costs, any insurance premium? What happens if you settle out of court? Although I can see you may have an arguable case, this area of law isn't as clear cut as something like a breach of contract or negligence. It needs a lawyer who will spend time going through the history and the documents and making a quite technical argument. I am not convinced they can do that for you for what they are quoting you. Yes, £6,000 is a huge sum on money to an individual. Sadly it's a very small sum of money in this situation when it comes to making equity claims in court.

Collaborate · 13/02/2023 11:32

I'm constantly suprrised at the number of amateur lawyers on this thread who are telling OP she hasn't got a case.

It is quite possible that OP has an interest in the property worth between £6k up to half of the equity. It all depends on what assurances were made to OP at the time she invested her £6k. A lawyer who knows their stuff should take proper instructions and advise further.

I repeat - she may not necessarily be limited by the amount of her initial investment. If you don't believe me then please study case law regarding constructive trusts and propritary estoppel before commenting further.

roarfeckingroarr · 13/02/2023 11:36

But you lived for free in his house. You didn't pay towards rent or mortgage? How is that right?

prh47bridge · 13/02/2023 17:07

roarfeckingroarr · 13/02/2023 11:36

But you lived for free in his house. You didn't pay towards rent or mortgage? How is that right?

He chose to let her live rent free. After all, they were partners. He can't claim rent now and, as they were partners, it would have been pretty odd if he had claimed rent from OP while she was living with him. She acted to her own detriment by paying £6k towards renovations on the basis of a promise that she would become a joint owner of the property. Therefore, as Collaborate says, she is likely to have an interest in the property.

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