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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6054
Experience:  BA (Hons), PgDip, Practising Solicitor
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I found that my partner was unfaithful. I changed the locks

Resolved Question:

I found that my partner was unfaithful. I changed the locks and have returned all his cothes, paperwork etc. I asked for a list which he provided and gave him all but one thing from the list (a picture he bought for me).

He did bring some ikea furniture with him and refitted my kitchen and lounge and built me some furniture.

The house is mine, I paid the mortgage and all the utility bills apart from the phone. For 5 years.

Does he have a right for money for 'improving my asset'? Can he ask for the furniture he made me back?
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Thomas replied 1 year ago.
Hi,

Thanks for your question.

1. Are there any children of the relationshpip
2. Are you married

3. Did he contribute more in rent/mortgage repayments than he otherwise would have paid if he was living in his own private rented accommodation?

4. Did he make capital repayments to pay off significant sums of the mortgage?

5. Did he pay for/carry out significant improvements to the property which improved the value of the property?


Kind regards,

Tom
Customer: replied 1 year ago.

I have 2 children from a previous marriage. (16 &12)


He has one who is now 22 and who lived with us for a year.


There are no shared children.


 


We are not married.


 


He paid significantly less than is he was living on his own. No regular contribution other than paying for sky and bt which was offset by my increase in council tak. He occasionaly paid for food and holidays. I paid the mortgage out of my account and all the utility bills the only thing in joint names is a Tesco Clubcard.


 


He made no payments off the mortgage. He did improve the kitchen and lounge 2-3 years ago. They were quite significant improvements and may have increased the value of the property. He did get materials at trade prices and I also contributed £2k to the kitchen upgrade. I expect he spent about £10k in all.

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

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.
The short answer is that nothing will happen unless he seeks legal advice and then postures to issue or actually does issue a claim in respect of the money he spent on the improvements. This could potentially form the basis for a claim under the legislation in this area, however if he has benefitted from his occupation in that his net expenses were significantly reduced then this would reduce his claim in respect of the money he spent.

Sit tight. If he doesn’t instruct a solicitor (and pay their fees) then nothing will happen. If he does then instruct a solicitor yourself and defend the claim.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

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Kind regards,


Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6054
Experience: BA (Hons), PgDip, Practising Solicitor
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