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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?
Optional Information: Country relating to Question: United Kingdom Already Tried: 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?
Kind regards,
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.
Experience: I am a qualified solicitor and an expert in UK law