Dog Posted 16 April, 2011 Share Posted 16 April, 2011 I was living with a partner for 5 years in a mortgaged house under my name only. My ex partner was helping pay the mortgage during this term. He left last july and he is demanding a lump sum of around £12,000. The house was purchased for £225,000 and is today valued at £230,000. We have made improvements on the house by upgrading the kitchen which was done through a loan which still has one year to go. The loan is £400 a month in my name only and in good will he is paying £200 a month to help out. He has since found a new partner and he is now demanding the lump sum either by loan or when or if the property is sold. There is nothing official in writing regarding the loan or mortgage. Is he entitled to a share of the property or shall I tell him to get out of here. I am a single parent on very minimum wage. Advice required urgently please. Link to comment Share on other sites More sharing options...
Block 5 Posted 16 April, 2011 Share Posted 16 April, 2011 I think the easiest thing would be to arrange for your boyfriend to have an 'accident'. This is easier than you'd think. Apply in writing giving details of your problem to: Don Cortese St Mary's Stadium Britannia Road Southampton SO14 5FP Link to comment Share on other sites More sharing options...
dingbattigger Posted 16 April, 2011 Share Posted 16 April, 2011 Not 100% sure but I believe he is entitled to something for the time spent together. The fact that he is paying something each month even though it is in your name, will go in his favour. Go see the CAB. Link to comment Share on other sites More sharing options...
Thedelldays Posted 16 April, 2011 Share Posted 16 April, 2011 you lived with a man..? are you a man..? Link to comment Share on other sites More sharing options...
Crab Lungs Posted 16 April, 2011 Share Posted 16 April, 2011 Isn't the law something to do with 6 months living under the same address to be eligible? Hmmmm, not sure about this one... can anyone else help? Link to comment Share on other sites More sharing options...
bridge too far Posted 16 April, 2011 Share Posted 16 April, 2011 I live with my partner but when I bought my house, we arranged for him to sign a legal statement saying he had no claim on my house. He didn't pay anything towards the mortgage or any upkeep (although I now own the house outright anyway). This is mainly because I'm a lot older than him and I wanted to make sure that he, and my 3 children, inherited my house equally when I popped my clogs. I think that, currently, partners have no rights to (any value in) the property unless they can demonstrate they have contributed towards the cost of buying / refurbishing the property. This changes, of course, if there is a marriage or civil partnership. Link to comment Share on other sites More sharing options...
LGTL Posted 16 April, 2011 Share Posted 16 April, 2011 you lived with a man..? are you a man..? This. Is it wrong that i'd always assumed "Dog" was male? Link to comment Share on other sites More sharing options...
Chin Strain Posted 16 April, 2011 Share Posted 16 April, 2011 This. Is it wrong that i'd always assumed "Dog" was male? Maybe he is:? Link to comment Share on other sites More sharing options...
Barfy Posted 16 April, 2011 Share Posted 16 April, 2011 I think that, currently, partners have no rights to (any value in) the property unless they can demonstrate they have contributed towards the cost of buying / refurbishing the property. This changes, of course, if there is a marriage or civil partnership. I think common law aims to recognise a partner, or other occupier of a property where a contribution has been made. However the nature and formality of the contribution would need to be assessed. If he paid a fixed amount monthly by standing order or direct debit then a contractual arrangement may well be implied between the two of them. Likewise the loan. I would imagine he would have some entitlement, but how much would be open to interpretation and negotiation. Dog, how did he arrive at the £12k figure? is it just a number plucked out of the air? Link to comment Share on other sites More sharing options...
Deppo Posted 16 April, 2011 Share Posted 16 April, 2011 I live with my partner but when I bought my house, we arranged for him to sign a legal statement saying he had no claim on my house. He didn't pay anything towards the mortgage or any upkeep (although I now own the house outright anyway). This is mainly because I'm a lot older than him and I wanted to make sure that he, and my 3 children, inherited my house equally when I popped my clogs. How much older than him are you? Link to comment Share on other sites More sharing options...
Dog Posted 16 April, 2011 Author Share Posted 16 April, 2011 I also put 80k cash into the house when we moved in. The house is basically worth today What it was when we moved in together. I am not dog and he is not a mincer! So where the hell does he get that figure of 15k from. Link to comment Share on other sites More sharing options...
saint boggy Posted 16 April, 2011 Share Posted 16 April, 2011 (edited) i say this from no legal standpoint, but surely the 'right' thing to do would be to have the house valued and whatever the difference is between the price you paid for it and the current value ,your ex should have HALF that amount (ie, you both take a 50% share of the current PROFIT). like i said, i doubt that is the legal standpoint, but i think that seems fair...afterall, it seems like he's basically asking you to repay everything he's paid in lieu of 'rent' for the last 5 years!... Edited 16 April, 2011 by saint boggy Link to comment Share on other sites More sharing options...
hamster Posted 16 April, 2011 Share Posted 16 April, 2011 How much older than him are you? Deppo, FYI and I'm sure that this is common knowledge to anyone who's shown a keen interest in mrs b's set up, as I have, that HE is a Skate. Ergo he doesn't deserve the steam off of her urine let alone an inheritance. Sorry that was a bit crude wasn't it. Maybe we could fix him up with my Skate brother when the time comes? Or sooner? Link to comment Share on other sites More sharing options...
Chez Posted 16 April, 2011 Share Posted 16 April, 2011 Dog, a mate of mine had the exact same situation a few years back and I'm afraid you ex partner has a right to a percentage of the house as he has paid a percentage of the mortgage. Absolutely no chance of you getting away with just saying `on your bike'. Get legal advice, but be prepared for handing over a wedge of cash. The offer of staged payments sounds a very good one. You could be faced with a single bill or be forced to sell the house shoukd he take you to court. Link to comment Share on other sites More sharing options...
bridge too far Posted 16 April, 2011 Share Posted 16 April, 2011 Deppo, FYI and I'm sure that this is common knowledge to anyone who's shown a keen interest in mrs b's set up, as I have, that HE is a Skate. Ergo he doesn't deserve the steam off of her urine let alone an inheritance. Sorry that was a bit crude wasn't it. Maybe we could fix him up with my Skate brother when the time comes? Or sooner? He's not that way inclined H Link to comment Share on other sites More sharing options...
LGTL Posted 16 April, 2011 Share Posted 16 April, 2011 Whether he is entitled or not, he's been paying half the mortgage and half the loan, so don't you think he actually deserves something? Link to comment Share on other sites More sharing options...
hamster Posted 16 April, 2011 Share Posted 16 April, 2011 He's not that way inclined H My brother comes from a family of great lovers, I reckon mr b might be tempted by that as he clearly is attracted to sensuous horny seducer types so maybe they'd just click. Mrs b please indulge me here, what is your (soft of course) porn name? Link to comment Share on other sites More sharing options...
Royce2uk Posted 16 April, 2011 Share Posted 16 April, 2011 (edited) He would more than likely be entitled to some sort of payment as he has been directly contributing to the purchase price of the property by paying the mortgage. On the bright side, if you are of limited means you may qualify for legal aid in which you may recieve free or reduced legal advice. I would suggest you go and see a solicitor to see if you qualify before going to the CAB. much better to try the professionals first especially if it is free! I work in the legal sector and I am not a massive fan of the CAB and their work. Edited 16 April, 2011 by Royce2uk cant spell Link to comment Share on other sites More sharing options...
Guest Dark Sotonic Mills Posted 16 April, 2011 Share Posted 16 April, 2011 He's not that way inclined H Surely though R; when you (eventually and tragically) pop your clogs as you so subtly mention, Mr BTF will have been so spoilt by your imperious beauty that no other woman would ever be able to match you and he would, reluctantly, eschew all attraction of things feminine and force himself to commence the pastime of being an ascending agriculturist. Link to comment Share on other sites More sharing options...
bridge too far Posted 17 April, 2011 Share Posted 17 April, 2011 Surely though R; when you (eventually and tragically) pop your clogs as you so subtly mention, Mr BTF will have been so spoilt by your imperious beauty that no other woman would ever be able to match you and he would, reluctantly, eschew all attraction of things feminine and force himself to commence the pastime of being an ascending agriculturist. It's immaterial as I won't be there to know, L. However, I'm sure he'll have the matter in hand Link to comment Share on other sites More sharing options...
Clapham Saint Posted 17 April, 2011 Share Posted 17 April, 2011 Depends on how he is helping to pay the mortgage and the loan. If he is paying to you and you then paying the bank then he won't have a leg to stand on. If he pays the bank directly it becomes a bit more complicated. You'd need to work out how much of all mortgage payments have been capital and how much interest (shouldn't be too hard from the statements), and then how much capital he has paid off. Morally it depends if the intention was always for him to pay part of the mortgage or he was in efect renting half the house from you as the sole owner. Link to comment Share on other sites More sharing options...
B Rabbit Posted 17 April, 2011 Share Posted 17 April, 2011 Surely any payments made over the 5 years would be no different than that of someone paying their rent to somebody? I can't believe the law system would allow someone to pay into someone else's mortgage for x number of years...decide to F off and then say...yeah i want all that money back... I guess it comes down to if you purchased the place together and for some reason it was solely in your name....or it is your property and in your name....and he has just nudged in for 5 years...helped with the mortgage equivalent to rent! Any work done to the property that may have increased it's value could be argued for. I have no legal experience...i just watch Judge Judy sometimes =) Link to comment Share on other sites More sharing options...
Weston Super Saint Posted 17 April, 2011 Share Posted 17 April, 2011 I think the only way you will ever find out the truth is to go on Jeremy Kyle. Unanswered questions : Who is Dog? Who is Dog's child? Who is Dog's ex Boyfriend? Is Dog a man? How did Dog get a house valued at over £220k on 'very minimum wage' - what 'supplemental' work does Dog do? Only Jeremy's lie detector will reveal all! Ps. Go see a solicitor for legal advice Link to comment Share on other sites More sharing options...
Golden Balls Posted 17 April, 2011 Share Posted 17 April, 2011 Whether he is entitled or not, he's been paying half the mortgage and half the loan, so don't you think he actually deserves something? I would say he did get something. A roof over his head for 5 years. I think the fair way has already been suggested. Value the property and give him half the profit. He can't just have all his money back that he paid in. What sense does that make? Link to comment Share on other sites More sharing options...
Jonnyboy Posted 17 April, 2011 Share Posted 17 April, 2011 I find it very hard to believe that Dog is a lady. Link to comment Share on other sites More sharing options...
Dibden Purlieu Saint Posted 17 April, 2011 Share Posted 17 April, 2011 I would say he did get something. A roof over his head for 5 years. I think the fair way has already been suggested. Value the property and give him half the profit. He can't just have all his money back that he paid in. What sense does that make? That makes perfect sense, surely he should be entitled to the equity that HE has built up in the house? Link to comment Share on other sites More sharing options...
Dog Posted 17 April, 2011 Author Share Posted 17 April, 2011 i say this from no legal standpoint, but surely the 'right' thing to do would be to have the house valued and whatever the difference is between the price you paid for it and the current value ,your ex should have HALF that amount (ie, you both take a 50% share of the current PROFIT). like i said, i doubt that is the legal standpoint, but i think that seems fair...afterall, it seems like he's basically asking you to repay everything he's paid in lieu of 'rent' for the last 5 years!... Thank you for all your help on this and I suggested What Saint Boggy said. I am no longer gay I merely wanted answer to the subject for a friend. I am a man? I have never slept with a man, so Delldays Thank you for your kind offer via PM but I prefer women. I have a job that pays the bills and I have kids of my own. Link to comment Share on other sites More sharing options...
Viking Warrior Posted 17 April, 2011 Share Posted 17 April, 2011 Dog you sound like an episode from the 70's american sit com SOAP I am no longer gay I merely wanted answer to the subject for a friend. I am a man? I have never slept with a man Thats a very telling if not confusing statement ? Link to comment Share on other sites More sharing options...
Whitey Grandad Posted 17 April, 2011 Share Posted 17 April, 2011 He is certainly entitled to something, but the dispute will be over the amount, if any. There is not just the mortgage but all the other bills as well. If the house has decreased in value then he may only be entitled to a share of the loss. You (or your friend) need expert advice. Link to comment Share on other sites More sharing options...
Dimond Geezer Posted 17 April, 2011 Share Posted 17 April, 2011 Thank you for all your help on this and I suggested What Saint Boggy said. I am no longer gay I merely wanted answer to the subject for a friend. I am a man? I have never slept with a man, so Delldays Thank you for your kind offer via PM but I prefer women. I have a job that pays the bills and I have kids of my own. Why the question mark? Surely you know! Link to comment Share on other sites More sharing options...
SO16_Saint Posted 17 April, 2011 Share Posted 17 April, 2011 So, is Dog man, man? Link to comment Share on other sites More sharing options...
scotty Posted 17 April, 2011 Share Posted 17 April, 2011 Thank you for all your help on this and I suggested What Saint Boggy said. I am no longer gay I merely wanted answer to the subject for a friend. I am a man? I have never slept with a man, so Delldays Thank you for your kind offer via PM but I prefer women. I have a job that pays the bills and I have kids of my own. This sounds like its been put through an online translator. Link to comment Share on other sites More sharing options...
sfc1971 Posted 17 April, 2011 Share Posted 17 April, 2011 (edited) Do what most Women do, Take him to court make up a pack of lies saying he was a cheating women beating drunken pig and the Judge will award you the lot along with an injunction to stop him walking within 20 miles of you for ten years. Confining him to a bedsit in St Mary`s for the rest of his days. on a serious note you say House was worth 225k when purchased and now 230k I would think he would only be entitled to 2.5k half of what the increase in value is. Edited 17 April, 2011 by sfc1971 Spelling Link to comment Share on other sites More sharing options...
scotty Posted 17 April, 2011 Share Posted 17 April, 2011 Do what most Women do, Take him to court make up a pack of lies saying he was a cheating women beating drunken pig and the Judge will award you the lot along with an injunction to stop him walking within 20 miles of you for ten years confining him to a bedsit in St Mary`s for the rest of his days. just a thought mate, why not change your location tag from "on my arse" to "a bedsit in st marys" Link to comment Share on other sites More sharing options...
sfc1971 Posted 17 April, 2011 Share Posted 17 April, 2011 Nah not me Scotty been happily married for a very long time. But have seen many a friend sh@t on over the years, Lucky for me I found a goodun. Link to comment Share on other sites More sharing options...
Dog Posted 18 April, 2011 Author Share Posted 18 April, 2011 Do what most Women do, Take him to court make up a pack of lies saying he was a cheating women beating drunken pig and the Judge will award you the lot along with an injunction to stop him walking within 20 miles of you for ten years. Confining him to a bedsit in St Mary`s for the rest of his days. on a serious note you say House was worth 225k when purchased and now 230k I would think he would only be entitled to 2.5k half of what the increase in value is. I can relate to that, b;tches leave! Link to comment Share on other sites More sharing options...
thesaint sfc Posted 18 April, 2011 Share Posted 18 April, 2011 I like men. Link to comment Share on other sites More sharing options...
egg Posted 18 April, 2011 Share Posted 18 April, 2011 The law in this area is complex and often misunderstood. Firstly, there is no such thing as "common law" partners. Nobody has a right to anothers property just because they have lived together. It will be necessary to look at the intentions of you both, ie was it ever intended that he would have an interest in the property. His payments, he may say, were in reliance of an agreement between you both. You may disagree. Either way a fight over this would cost £7-12k per side. Would he really spend that chasing £12k? If you want some specialist legal advice send me a PM, always happy to help out a fellow saints fan. Link to comment Share on other sites More sharing options...
Kev Posted 18 April, 2011 Share Posted 18 April, 2011 Link to comment Share on other sites More sharing options...
mcjwills Posted 18 April, 2011 Share Posted 18 April, 2011 Who paid all the bills as in council tax, gas electric etc.. was that you was it joint if it was you (tell him to swivel), was he involved in the purchase of the house (if not tell him to swivel), did he join you as a lodger (if so tell him to swivel), does he have any proof that he contributed as a joint partner or was it given cash in hand and thus can not prove he contributed (if so tell him to swivel). Were you in separate rooms (if so tell him to swivel). Just say he was a lodger and he can not prove that he was not so he is not entitled to eff all. Hope that clears it up for you Dog Link to comment Share on other sites More sharing options...
Spudders Posted 18 April, 2011 Share Posted 18 April, 2011 This sounds like its been put through an online translator. If any forum member had turned out to have been some sort of automated experimental computer bot, I'd have put money on it being Deppo. But this thread makes me think the smart money should be put on dog! Link to comment Share on other sites More sharing options...
scotty Posted 18 April, 2011 Share Posted 18 April, 2011 If any forum member had turned out to have been some sort of automated experimental computer bot, I'd have put money on it being Deppo. But this thread makes me think the smart money should be put on dog! Thats a thought, now you mention it. There could be as few as five or six real people posting on here! Link to comment Share on other sites More sharing options...
Deppo Posted 18 April, 2011 Share Posted 18 April, 2011 Who paid all the bills as in council tax, gas electric etc.. was that you was it joint if it was you (tell him to swivel), was he involved in the purchase of the house (if not tell him to swivel), did he join you as a lodger (if so tell him to swivel), does he have any proof that he contributed as a joint partner or was it given cash in hand and thus can not prove he contributed (if so tell him to swivel). Were you in separate rooms (if so tell him to swivel). Just say he was a lodger and he can not prove that he was not so he is not entitled to eff all. Hope that clears it up for you Dog What if the bills were shared, he was involved in the purchase of the house, he didn't move in as a lodger. he has proof of contributions and they slept in the same room (bumming all night)? What happens then mcjwills? Link to comment Share on other sites More sharing options...
Spudders Posted 18 April, 2011 Share Posted 18 April, 2011 Thats a thought, now you mention it. There could be as few as five or six real people posting on here! Even they could be just one real person, but with five or six user names! Or you may be the only real person on here, the forum could be the saints supporting equivalent of the Truman show. Link to comment Share on other sites More sharing options...
Dog Posted 19 April, 2011 Author Share Posted 19 April, 2011 The law in this area is complex and often misunderstood. Firstly, there is no such thing as "common law" partners. Nobody has a right to anothers property just because they have lived together. It will be necessary to look at the intentions of you both, ie was it ever intended that he would have an interest in the property. His payments, he may say, were in reliance of an agreement between you both. You may disagree. Either way a fight over this would cost £7-12k per side. Would he really spend that chasing £12k? If you want some specialist legal advice send me a PM, always happy to help out a fellow saints fan. Done!! Link to comment Share on other sites More sharing options...
scotty Posted 19 April, 2011 Share Posted 19 April, 2011 Even they could be just one real person, but with five or six user names! Or you may be the only real person on here, the forum could be the saints supporting equivalent of the Truman show. Dont ever think that hasnt occurred to me. Link to comment Share on other sites More sharing options...
bridge too far Posted 4 May, 2011 Share Posted 4 May, 2011 Bumping this because there's about to be a significant ruling on this matter due shortly http://www.bbc.co.uk/news/uk-13277819 Link to comment Share on other sites More sharing options...
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