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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7509
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, Im a lady aged 47 yrs. Last May I bought my own home for

Resolved Question:

Hi, I'm a lady aged 47 yrs. Last May I bought my own home for £170,000 with a deposit of 50k and a mortgage of 120k.

I moved in with my 2 children aged 13 and 10 and my fiance. He paid about 30k for an extension above the garage. Everything was wonderful to start with but now my fiance is getting verbally aggressive and abusive and I'm becoming very afraid of him for myself and my children.

The house is in my name and I have been paying all the bills etc and the utility bills are all in my name.

My question is - If we break up I will need to pay him back the money which I am intending to do by remortgaging. Can he insist that I have to sell the house? I am so worried about this that it is making me feel ill. I have an appointment next week with the bank to discuss remortgaging, but if I can't raise the full amount, can he take me to court to get all his money back?
Please help me, I'm so worried.
Submitted: 5 years ago.
Category: UK Property Law
Expert:  Thomas replied 5 years ago.

Hi,

 

Thanks for your question.

 

In the event that you cannot afford to pay him off for the monies paid for the extension the onus would be on him to establish an interest in the property.

 

If you are unmarried, his only option would be to make an application to the Court to claim an interest in the property under the Trust of Land and Appointment of Trustees Act. You can do this for the type of money he has spent on the property if it has increased it's value.

 

However, he would certainly need a solicitor to make the application for him because it's quite a complicated area of law. He would have to pay their fees. If he does nothing then you have absolutely no problem at all because nothing would happen. The onus is on him.

 

If he is able to do this, and note this would take at least months, he would then have to litigate on how/when he is to receive money. He would have to make an application for an order for sale if there was no other option, but the accommodation of the children would be a very important concern of the Court.


It's not going to happen as quickly as you might think so you should try and relax a bit. Litigation in this area takes a long time.


If you can show that you have been reasonable and can pay a proportion of the monies owed with the balance to be paid at a later date then the chances of the court making an order for sale would be considerably reduced. He may instead get a second charge on the property which you can repay later.

 

 

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I will answer your follow up questions you may have.


Kind regards,


Tom

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