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We are currenly living our sons house and paying the mortgage,

Customer Question
he is living withhis ex...
We are currenly living our sons house and paying the mortgage, he is living withhis ex partner and is a full time carer for his son who has muscular distrophy. His relationship with his ex partner is barely tolerable as his sons condition is worsening and he is solely there for his son. Our question is this, when the inevitable happens to his son he is looking to come back to his house this we don,t have issue with but we are concerned that his ex partner may lay claim to some of the value of the property which we have renovated at a considerable cost to ourselves. He assures us that during thier time together she has in no way or form contributed to costs of the then home. Where do we stand legally and financially?
Submitted: 6 years ago.Category: UK Law
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Answered in 49 minutes by:
6/12/2011
Solicitor: Thomas, Lawyer replied 6 years ago
Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7,626
Experience: BA (Hons), PgDip, Practising Solicitor
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Hi

Thanks for your question. It's a very difficult situation, I'm sorry.

To enable me to answer your question could you please respond to the following:-

  • 1. Is she on the registered title for the property as joint proprietor?

 

Kind regards.

Tom

 

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Customer reply replied 6 years ago
The title deeds are solely in our sons name
Solicitor: Thomas, Lawyer replied 6 years ago

Ok.

 

Is he married to the mother of his child?

 

Tom

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Customer reply replied 6 years ago
They are not married, After his son was born she had an affiar with a work collegue and left the house with thier son and it wasn,ttill later that his son was diagnosed with ms and his condition got worse that he finished a new relationship and moved back with his ex to care for his son.
Solicitor: Thomas, Lawyer replied 6 years ago

Hi,

 

Thanks for your reply.

 

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 (when living there) to a total that is more than you would otherwise have paid in private rented accommodation in the area.

 

Assuming this to be the case and provided he meets his child support responsibilities until - as you put it - the inevitable happens then she would not be advised by a solicitor to attempt to claim an interest in it because she would have no prospect of any kind of success.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

 

I will answer your follow up questions you may have.


Kind regards,


Tom

Thomas
Thomas, Lawyer
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