property rights

[balearic]

my partners ex girlfriend has taken him to court for half his house. She claims that she made mortgage payments to him but were infact repayments of money he had loaned her. she has legal aid and has lied in her stmnt. He has spent already �12,000 on solicitors etc. How is this justice, anybody could claim like she is. He has been advised to make her an offer as the cost of litigation is too expensive. Where are the scales of justice here, his house is in his sole name as is the mortgage utility bills etc.

[fairkatrina]

I'm afraid the law is an ass, something similar is happening to my mate's mum at the moment. She fought hard for the house at the end of her first marriage, and now her second husband (who never paid a bill in his life) is claiming for half of it!!!! Your partner needs to prove that he loaned her money and that she was making repayments. If you can't do that, you could always consider your partner selling you (or a close friend, but not family) the house for �10, in which case if she won she would only be entitled to half the value of the sale (�5). Of course to secure your partner's ownership after the case is over before any sale went through it would be worth drawing up a contract stating that the house will be sold back to the original owner at the same price. This is expensive in terms of legal costs, but does ensure she won't get anything. Of course this is only based on her being his wife / common law wife (a co-habitor). The less secure their relationship was, the less claim she has on his property and money. Unfortunately, she has nothing to lose in this situation (especially if she is getting legal aid) so chances are she will pursue this as viciously as she can, your only option is to fight dirty too.

[balearic]

thanks for that but her claim is lodged with the Land
Registry so doubt that any sale would go through anyway. He can prove a lot of payments from her are repayments of debts but the barrister says it all depends on who the judge believes on the day! What a joke the legal system is.

[Le Chat]

The legal system is indeed a joke. My ex husband and I lived in a mortgage free house, due to my own business success prior to our marriage. We divorced after 7 yrs and I had to pay him a huge chunk of money.
So, the final situation was that he was far better off having married and divorced, than I was. He contributed nothing to my life, except our lovely son, now 10yrs old. He pays �10 per week for him, which I had to chase him via the CSA to get.
I have re-married and am very happy, yet we have to watch the pennies. Meanwhile, the ex has a wonderful, rich lifestyle courtesy of me.
I pity your partner's dilema.