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Stuart J
Stuart J, Solicitor
Category: UK Family Law
Satisfied Customers: 20056
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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I have been with a partner but not married for 10 years. Unfortunately

Resolved Question:

I have been with a partner but not married for 10 years. Unfortunately the relationship is breaking down. The house belongs to my partner, but was re-mortgaged for extensive renovation with me as the guarantor. Over the 10 years I have contributed 80% of the mortgage repayments. Where do I stand legally to recover this contribution?
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Stuart J replied 1 year ago.
How much are you hoping to recover?
Customer: replied 1 year ago.


the full contribution (80%) would be nice, but at least 50% of the property value would be a minimum

Expert:  Stuart J replied 1 year ago.

If the property was jointly owned (which it isnt) you would get 50% regardless, if you hadn't agreed otherwise at outset.

However, it would depend on her agreeing he value of the contributions.

Will she offer more than 50%?

Do you have children?

Customer: replied 1 year ago.


we have discussed 50% previously, but on tabulating the exact contributions I can see its more like 80/20 not 50/50. I want to secure at least 50% for my sons inheritance on her death. (I do not want for her to have to sell the property to pay off my share)


Am I best to use the 80% as a lever to persuade her to sign over 50%, or should I insist on a share that is comensurate with my contribution.


 


I have one son from a previous marriage

Expert:  Stuart J replied 1 year ago.




So are you proposing a separate deed of trust or for the property to be
transferred into joint names?

Are you breaking up or staying together? Would you/do you want to, go to
court on this?



Customer: replied 1 year ago.


what is a deed of trust exactly?


A document jointly agreeing a percentage share in the property?


 


At the moment the break up seems inevitable, but either way I want to secure my son's inheritance.


 


I would only go to court if a fair and amicable agreement is not possible

Expert:  Stuart J replied 1 year ago.




Yes, that is what the trust does.

Basically it is a document which states that although the property is owned
by one person in particular, a percentage of it belongs to somebody else and
the owner (trustee) is "safekeeping" for the beneficiary.



If however your partner will not agree to sign an agreement or trust deed,
you are going to be faced with court and the inevitable cost of arguing your
contribution is worth.



Can I help further?



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Stuart J, Solicitor
Category: UK Family Law
Satisfied Customers: 20056
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
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