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Thomas
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 7473
Experience:  BA (Hons), PgDip, Practising Solicitor
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My girl-friend and I are splitting up after 8 years. She has

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My girl-friend and I are splitting up after 8 years. She has been living in my flat. I paid the mortgage, all service charges, utilitiy bills and food. She worked for 1 year and contributed. My flat is worth £ 300 K with a £ 150 K mortgage. It is my understanding that she can claim part of its value because she lived with me. How much do I need to pay her? Thank you for your kind help. Eugene
Hi Eugene,


Thanks for your question.

1. Are there any children of the relationship
2. Are you married

3. Did she contribute more in rent (over the course of her entire occupation of the property) than she otherwise would have paid if she was living in her own private rented accommodation?

4. Did she make capital repayments to pay off significant sums of the mortgage?

5. Did she pay for/carry out significant improvements to the property which improved the value of the property?


Kind regards,

Tom
Customer: replied 5 years ago.

Hi Tom,

thank you for your quick response.

 

1. No, we have no children

2. No we were never married

3. No, definately not, it helped, but I still took up loans to carry the majority of cost

4. No

5. No

 

I may add that I paid her a monthly sum of 500 - 2000 GDP for food and clothes - I am self-employed so when I made more money, I paid her more, when I made less money I paid just under 500 per month.

 

 

Hi Eugene,

Thanks for your reply.

My answer assumes that she did not contribute any monies to the initial purchase of the property and that you shall remain unmarried.

Unmarried partners have very limited rights this regard.

The position is that where a person is not named on the registered title to a property then you can generally only claim an interest in the property if you have made either a capital contribution to it (ie. financing the purchase or pay for significant works which materially increase the value of the property) or have maintained the mortgage payments/paid rent or bills/food to a total that is more than you would otherwise have paid in private rented accommodation in the area.
Provided does not contribute more money as a result of her occupation than she would have otherwise paid in private rented accommodation for rent/bills/food and has not made improvements to the property which increases it’s market value then she would not be advised to make a claim against your property.
These claims are very expensive to litigate on as well, almost prohibitively so unless there is an extremely strong claim (which there isn’t here)

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I will answer your follow up questions you may have.

Kind regards,


Tom
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