I met a girl some 20 years ago. After a few weeks dates she persuaded me to move into my rented place. I foolishly agreed..........she never paid a penny towards the rent. Two years later I wanted to buy a house for my self. As I left my job and started self-employment business, I couldn't get a mortgage.....She again persuaded me to buy the house in her name as she had a permanent job in a small shop. Again, reluctantly, agreed and paid practically for everything-including deposit, legal fees, furniture etc......... Three years later, while on a business trip, she changed the locks and never allowed back.Many stories in between!What are the chances if I try to sue her now after all those years?
Country relating to Question: United Kingdom
None, apart from peacefully talking to her about it. 5 years ago.
Hi thank you for your question.
Are you married to the girl? or was she just your partner?
Not married, just partner who did everything a married couple would do.
The then mortgage monthly repayment of a miserable £244 was taken out of her personal account while I paid for everything else, food, bills travel etc
Hi, this is a complicated issue which I will try and explain.
Where there is no express, binding declaration then the matter falls to be dealt with under the old law of trusts. Where a party contributes to the purchase price of property, including to mortgage installments, a resulting trust may arise. Where there is a common intention for a party to have an interest in the property a constructive trust may arise. If one party makes a promise to the other that they will have a share in the property and they act in reliance on this issues of estoppel may arise. All of these can be used to establish legal rights in a property.
What you will need to do is instruct a solicitor whom will submit an application to the Court on your behalf to determine if you have a beneficial in the property. This is a long and complicated process and may take the Court a few months to reach a decision. You are unable to obtain possession of the property until a decision is reached by the Court.
Do you think, the High Court will be an ideal venue? How expensive are cases like this. Do you have a rough estimate?
Initially it will be County Court and then depends on how high either yourself or the Defendant want it to go.
I am unable to give you an estimate as it depends on how rigorously it is defended. But just as a guide definitely thousands possibly tens of thousands.
I am a qualified solicitor and an expert in UK law
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).