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hi,i have been living with a widow for last 18years,its legally

Customer Question
her house,but for the last...
hi,i have been living with a widow for last 18years,its legally her house,but for the last 18years,ihave paid all bills,ie,council tax,water rates,gas,electric etc etc,also in that time i have paid for upkeep of property,ie,new kitchen,new bathroom,new cloakroom,replaced every single interior door etc etc,plus umpteen new carpets,decorating the property both inside and out over the years,plus replaced radiators,for all this work i have receipts,sadly it looks like we are finished,could you please tell me where i stand should leave,many thx,john
Submitted: 5 years ago.Category: UK Law
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12/22/2011
Solicitor: Thomas, Lawyer replied 5 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.

1. Are you married? I assume, but please confirm, not.

2. Do you pay rent? If so is this significantly more than you would otherwise pay in private rented accomodation

3. Have you paid off capital sums from any mortgage on the property?


4. Did youpay for/carry out significant improvements to the property which improved the value of the property? Roughly what value have you paid?


Kind regards,

Tom
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Customer reply replied 5 years ago
1.not married,2.dont pay rent,been living just like married couple with me paying everything,3.mortgage paid off when her husband died in 1988,4.yes have had new kitchen,bathroom,new cloakroom,new internal doors,all new radiators over the years,prob £15000 plus,thats without all decorating improvements etc etc,she has not paid for a thing over the last 18years we have been together,she has never worked.
Solicitor: Thomas, Lawyer replied 5 years ago
Hi,

Thanks.

Final question - are there any children of your relationship with her?

Kind regards,

Tom
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Customer reply replied 5 years ago
no,but ive helped to bring up her 2 children,since they were 12 and 16,both have now left home,again i paid for foreign holidays,holidays in the uk,xmas etc etc,just as if they were my own.
Solicitor: Thomas, Lawyer replied 5 years ago
Hi,

Thanks for your reply.

I’m afraid that the position of being an unmarried partner of a person is a disadvantageous in terms of what one is entitled to following separation compared to being married.

Those items that you bought jointly together are taken to be owned jointly with equal shares.

In terms of the property in order to claim an interest in the property you would have to do so under the trust of Land and Appointment of Trustees act. 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.
If you have paid for a new kitchen and bathroom and these works have substantially increased the value of the property then you may be able to issue a claim under the legislation. Simple DIY and periodic repairs/improvements of a minor nature are not claimable. You would have to issue a claim at Court and would require a solicitor to do this for you.
The legal fees for this are quite expensive and claims can be quite difficult to predict in terms of prospects of success. It depends on whether she were to dispute your claim but you would be looking at upwards of £2000+vAT as a minimum and possibly significantly more.
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. You will not be charged any further money for clicking accept.


Kind regards,


Tom
Thomas
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