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Thomas
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Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I have lived with my common law partner for the last ten years.

Resolved Question:

I have lived with my common law partner for the last ten years. The house is in joint names. But I have some land in my name only. If I should leave my partner would he have any rights to my land?
He has no interest in it now -e.g helping out etc
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi,

 

Could you respond to the following please:-

1. Is the land separate to the property in joint names - ie. not adjoining, in different location

2. Did he contribute to the financing of the purchase of the land

3. Did he contribute to the mortgage on the land or pay any kind of rent to you for it all

4. Did he pay or make additions/alterations to the land which has increased it's value


Tom

Customer: replied 3 years ago.

Hi, Tom, thanks for this. It is appreciated.

 

 

1. The land is seperate from the house its about a mile away and again its only owned by me.

2. No he did not contribute to the purchase of the land

3. He has not paid anything towards the land - I let him have shed to store stuff in but I have never charged him rent or anything

4. He has not paid for anything to help with the value of the land, like I have said upto 2 years ago he helped a bit but nothing for the last 2 years and he has had the free

storage at no time has he put any money towards the land.

 

I hope the above helps, thanks and I await to hear from you.

Anne Perkins

Expert:  Thomas replied 3 years ago.

Hi Anne,


Thanks for your reply.

 

I fail to see why another person has advised that he would be able to claim in respect of this land.

 

He would have to establish a claim and make an application under the Trust of land and appointment of trustees act 1996. This is usually in one (or a combination) of the ways listed in 2, 3 and 4 of my reply above.

 

On the facts, he would not be advised to make a claim. I cannot see that he has any kind of basis for a TOLATA action and in any event he would be advised that it would be extremely expensive to make with no realistic prospect of success.

 

Obviously he has rights in respect of the land upon which he is jointly named but in respect of the separate land he will not be advised to make a claim. You are safe in this regard and should resist any posturing he makes to account for any purported interest he thinks he has.

 

If this si useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.

Kind regards


Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6525
Experience: BA (Hons), PgDip, Practising Solicitor
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