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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7432
Experience:  BA (Hons), PgDip, Practising Solicitor
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My farther has been in a relationship with someone and lived

Customer Question

my farther has been in a relationship with someone and lived with her for some 17years , is he entitled to any equity in the property they have lived in?
Submitted: 6 months ago.
Category: UK Law
Expert:  Thomas replied 6 months ago.
Hi, Thanks for your question. {C}1. {C}Are there any children of the relationship{C}2. {C}Is he married {C}3. {C}Did he contribute more in rent/mortgage repayments than she otherwise would have paid if she was living in her own private rented accommodation? {C}4. {C}Did he make capital repayments to pay off significant sums of the mortgage? {C}5. {C}Did he pay for/carry out significant improvements to the property which improved the value of the property? Kind regards,Tom
Customer: replied 6 months ago.
Yes he did make significant payments towards the upkeep of the property , there was no children apart from there first marriages. I am his son , which I have full knowledge of his input into the relationship as my father had dementia towards the end , but I made sure he kept up his payments that she requested. they were not married but might as well have been. She is now in a care home herself and her son has rented the property and is taking all the money.
Expert:  Thomas replied 6 months ago.
Hi Thank you for your question and patience, I’m Tom and I’ll try to help you.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.If a person believes they have the basis of a claim then they would have to first prove this at court by claiming under the Trusts of Land and Appointment of Trustees Act. This is the only way. This is a developing area of law and your father would certainly need a solicitor to make the claim for him if you consider he possibly has a claim.The legal fees can be quite high and there is no legal aid to have these paid unfortunately.So, if you consider that he may have a claim then you would have to see a solicitor who specialises in these claims for a consultation and then take it from there. If your father has dementia then an Attorney or a court appointed deputy would have to be bring the claim in his place.I am sorry that it’s not straight forward. My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question. Kind regards,Tom

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