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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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My partner and I have been living together now for nearly 5

Resolved Question:

My partner and I have been living together now for nearly 5 months up until sunday everything was ok but he just told me that when we have lived together for 6 months what is mine is his own my house outright and have done so for 8 years is this true that he is entitled to half of my house?
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi,


Are you married?

 

Has he contributed to the mortgage or paid you rent?

 

Has he spent money on the property which has improved is value appreciably?

 

Did he contribute to the initial financing for the purchase of the property?


Tom

Customer: replied 3 years ago.
No we are not married he has paid me £200 a month for bills No he has not spent any money to improve the property and no he did not contibute to financing the property
Expert:  Thomas replied 3 years ago.

Hi,

 

I assume there are no children of the relationship.

 

In order to establish an interest in the property in these circumstances he would have to have done one of the following:-

1. Paid more in rent/mortgage to you than he would otherwise have paid in private rented accommodation. I assume £200.00 is less than he would have to pay combined in rent and bills were he to rent privately in your area.

2. Contributed to the financing of the original purchase of the property or paid off a significant amount of the mortgage using his own capital.

3. Paid for capital improvements to the property which increases the value of the property.

 

If he has not done any of the above then he would not be advised that he had a claim against the property. You will be fine.

 

If he had carried out one of the above then in order to establish his interest he would have to make an application to court under the Trusts of Land and Appointment of Trustees Act. This is very expensive, prohibitively so.

 

He will not be able to claim on the property in the current circumstances and would not be advised to do so by any solicitor he went to see.

 

If this is 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



Edited by Thomas on 1/25/2011 at 8:50 AM EST
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6438
Experience: BA (Hons), PgDip, Practising Solicitor
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