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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7609
Experience:  BA (Hons), PgDip, Practising Solicitor
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I have been living with my partner for the last 12 years and

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I have been living with my partner for the last 12 years and have been paying half the morgage for this length of time.I put £20,000 down on the house to get a morgage on it and put it in her name.I have recently sold the house that i owned before i met her and spent all the money from the sale on this house in question.Now i have asked her to put my name on the morgage she wonts me to leave.Do i have any rights to the value of this house after all the money i hve spent on it?

Are there any children of the relationship?

Customer: replied 4 years ago.

we have a 7 year old daughter together


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 expenses to a total that is more than you would otherwise have paid in private rented accommodation in the area.
You need to total up what you have spent on the property and then have a consultation with a local solicitor about making a claim under the Trusts of Land and Appointment of Trustees Act
If you have spent a significant amount of money on the house and you have contributed £20, 000.00 to the financing of the purchase then you have a firm basis to make a claim under this legislation. It’s not likely that the house will be put in your name jointly with her but you will likely get a charge registered against the property.

You may then possibly apply for an order for sale to realise this money if you wish, but if she is to have residence of child then it may be that the sale of the house is postponed whilst the child remains a minor.

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Kind regards,

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