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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 partner in my home for the last 3 years,

Resolved Question:

I have lived with my partner in my home for the last 3 years, I have lived here for 21 years, and now I wish him to leave. When he did move in all we agreed on was that I would give him 6 months to find somewhere to live. I pay all the bills except sky, and he gives me £450 a month rent(which he was paying as rent at his last accomadation). What I want to know, would I have to pay him anything ie a lump sum when he left.
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.
Hi

Please confirm that he did not contribute to either capital repayment of the mortgage or the original finance of the purchase?

Has he carried out improvements to the property which have substantially increased the value of the property?

Are you married?

Kind regards
Tom
Customer: replied 3 years ago.

He has not contributed to the mortgage, or the original finance of the purchase as I bought it 21 years ago.

He hasn't carried out any improvements, only I have, and I personally paid for them.

 

No we are not married

 

Wendy

Expert:  Thomas replied 3 years ago.
Hi Wendy

Thanks

Are there any children of the relationship?

Tom
Customer: replied 3 years ago.

Hi Tom.

 

No children from the relationship

 

Wendy

Expert:  Thomas replied 3 years ago.
Hi Wendy,

Sorry for the delay and thanks for your reply.

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 in payment of these amounts than he would have otherwise paid in private rented accommodation for rent/bills/food and does not make improvements to the property which increases it’s market value then he would not be advised to make a claim against your property
On the basis that the only contribution he has made is the amount that he was paying in rented accommodation then he would not be advised to issue a claim at Court to claim an interest in the property. These claims are also very expensive in legal fees.

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Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6461
Experience: BA (Hons), PgDip, Practising Solicitor
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