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My partner has just left me,I own the property and it is in

my name only, what claim...
My partner has just left me,I own the property and it is in my name only, what claim if any does he have? He is asking for the car which is in my name. He has contributed rent each month and carried out some home improvements whilst living with me for the last 4 yrs. Need some advise as to what the law is regaridne common law brak up. Thanks
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Answered in 1 minute by:
9/11/2012
Thomas
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 7,626
Experience: BA (Hons), PgDip, Practising Solicitor
Verified
Hi
Thanks for your question/n .

For clarity and the avoidance of doubt, could you please respond to the following USING THE SAME NUMBERING:-
1. Do you have any children
2. Are you married

3. Did he contribute more in rent/mortgage repayments than he otherwise would have paid if she was living in her 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?

6. Did you pay for the car yourself
Kind regards.

Tom
Ask Your Own UK Family Law Question
Customer reply replied 5 years ago


1. not together


2. no


3.no


4. no


5. decking , paving to garden, floor tiles to conservatory, removal of fireplace to lounge


6.yes

Hi,

What was the total value of the works referred to in no.4 of your replies please?

Did you have any agreement about who would pay for these and "own" them once they were completed?

Tom
Ask Your Own UK Family Law Question
Customer reply replied 5 years ago


£2000 approx,


no agreement made about who would own them,

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.
Provided he did not contribute more money in payment for food /rent/expenses than he would have otherwise paid in private rented accommodation then your clear on this front.

In respect of the works carried out then provided he can show that he solely paid for these and that he did not intend them as a gift and that they have increased the market value of the property then he could potentially have the basis of a claim against you. Litigating in this area is quite complicated and he would need to do so to legally claim the money from you. It can also be quite expensive for him so he would need to pay legal fees which may be as much as the sum he spent in the first place, more even.

You don’t have to do anything right now. If you get a letter from a solicitor threatening civil action then you can take it to a local solicitor for a consultation about defending the claim, but if he doesn’t see a solicitor then he’s stuffed and you’re out of the woods.

If you paid for the car and the title is in your name then this is your solely owned property and he has no claim on it.

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.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Thomas
Thomas, Solicitor
Category: UK Family Law
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Experience: BA (Hons), PgDip, Practising Solicitor
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