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Beneficial ownership/interest

5 replies

foxish · 25/03/2011 19:44

Hoping someone can help....

I was with my ex for 13 years until 2007 when he chose to leave. We had two children, born in 1996 and 2001.
I bought my house in 1998 for £100,000, using my £60,000 savings and securing a repayment mortgage of £40,000. We lived here for 10 years. His name is not on the mortgage or the land registry. I looked after the children and earned very little but helped him with his small business. He paid the £300/month mortgage. He came into over £200000 when we were together but put the money into his (always failing) business and never chose to pay the small mortgage off.
Since leaving four years ago he has paid me £600/month maintenance. He now has a new baby and a fiancee and lives in her home seeing our children every other weekend.
I have now received a solicitors letter claiming beneficial ownership. He wants £100,000 (25% of what this house is worth now). The only way I could get that money would be to sell the house where me and the kids live. I earn too little to increase the mortgage.
I know I have to see a solicitor but I'm sure they will tell me it's a grey area and to fight and we will both end up losing while the solicitors win. I also don't have the money to pay a solicitor although I know I can get an hour's free consultation.
Is he eligible? How long will it take before I end up in court? Can he force me to go to court? How much will solicitors cost?
If anyone has been in similar situation I would appreciate any information. Many thanks.

OP posts:
OldLadyKnowsNothing · 25/03/2011 20:45

You'd be better posting in the www.mumsnet.com/Talk/legal_matterslegal matters]] forum; I'm not a lawyer but I'm afraid he may well have a claim on the value of your house, as he paid the mortgage. However, I don't think he can make you sell till your youngest is 18 - but you need proper advice. Sorry. :(

foxish · 25/03/2011 21:07

Thank you...I'm new to this...will repost now

OP posts:
Niceguy2 · 25/03/2011 21:30

You really do need legal advice as it does sound like he has grounds for a claim.

How much he's entitled to is likely to be the complex part. And for that you deffo need proper legal advice.

hairylights · 26/03/2011 17:41

I agree that it sounds like he does have grounds to the claim. You need to see a solicitor urgently.

stardust86 · 27/03/2011 09:42

Same as Old Lady, he may well be awarded the equity but may have to wait until the kids are 18 before receiving it, unless you are in a house that is bigger than your needs. If you can sell the house and afford a smaller house with enough rooms for you all then unfortunately you may need to do so. Get legal advice now.

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