Am I entitled to part of the property?

[jellybean2112]

I now this is a long shot, but someone mentioned to me the other day that I may be entitled to something money wise from a previous relationship....

I was with my ex for 7 years. During this time, we bought a house, however I was not put on the mortgage. I did however pay for the social life that we had and contributed towards the bills and furniture in the property. We lived together in the house for around 4 years before we broke up and I walked away with nothing.

I was told that even though I was not on the mortgage, I payed towards the relationship and I have proofe of this with bills and such, and am therefore entitled to claim some of the money back off him....

This was 4 years ago now that we seperated, so I suppose what I am wondering is, am I entitled to anything and if so, what is the best way to go about it?

Hope someone can help. Thanks

[LoftyLottie]

You may well be, but you need to see a solicitor about this. I am not sure whether the time lapse has been too long.

[TonyV]

I to think it is too long ago - you could try CAB for free advice

[LoftyLottie]

Also most solicitors will let you have free 1/2 hr consultation.

[hc4361]

Frankly, no.
If you were not living with him during that time you would have paid rent, bills and so on for another property.

Even if you were entitled to any equity, bear in mind the housing market has dropped alarmingly and the house may have no equity - so you would get nothing.

[LoftyLottie]

Contributions towards furniture, maintenance etc. would actually be considered.

[ummmm]

Not really...No.

If you rented a house you'd have to pay bills as well...and rent...and repairs...you can't then claim part of the house from the person you rented it off.

If you paid for furniture...ask for it back.

Paying your way is a fact of life...we all have to do it...

[Barmaid]

"During this time, we bought a house" - those are quite important words in my view.

Irrespective of you not being on the mortgage you may have a claim. Much depends on the evidence of what was done/said/what you agreed and the whole course of dealings between you. Paying for social life etc would not normally count, but this is a hugely complex and developing area of the law. You need legal advice pdq.

Although you are not barred by any limitation (at the moment), the length of time you have been away from the property could have a serious effect on your claim (if you actually have one). Get yourself to a solicitors pronto.

[ummmm]

BM - I bought a house with my ex...Everything was in my name. He tried to make a claim but was told he'd get nothing...

[LoftyLottie]

Thanks Barmaid. I was just trying to word somethink like this myself, but not being lawyer myself such as you I was struggling with the words. It is as you say complex and a socilitor is a must.

[LoftyLottie]

somethink!! I have turned into a Essex girl!!

[LoftyLottie]

Jellybean. Barmaid is legally qualified, so great advice!!

[Barmaid]

It's fact sensitive ummmm. Without knowing the precise details of the OP, it's impossible to say whether she does or doesn't have a claim. This area of the law is one of the fastest developing after a House of Lords case called Stack v Dowden. It's based around english trust law on either a common intention constructive trust or a resulting trust (the former relates to what was agreed or what the court infers was agreed, the latter around the presumption that if A introduces funds to a purchase in B's name it is not intended as a gift). On these circumstances, I can't rule out a common intention constructive trust.

[jellybean2112]

Thank you everyone for your help...

Barmade, I really appreciate your advice, I am in the process of trying to contact the CAB, however without much luck due to work commitments and such!! My new partners ex is a solicitor, so we are going to speak with her later this week, however I just wondered if there was any point in attempting to proceed with something like this.

When you say "Much depends on the evidence of what was done/said/what you agreed and the whole course of dealings between you." what do you mean by this? there wasn't really much said if I remember rightly, however I do know that I didn't sign anything stating that I wouldn't claim anything should we split up (Of which I know friends have done in the past) and also, if it makes any difference, we were engaged to be married, although I do realise that probably wouldn't mean anything.

Thanks again for all your help.

[ummmm]

Did you go house hunting together. Was it intended to be a joint house in all but mortgage...did you contribute towards the deposit..

Stuff like that...

[jellybean2112]

We did go house hunting together and I did pay towards the deposite and legal fees, however, I have no proofe of that as it was just money that I gave him from a waitressing job that paid cash rather than into my bank :(

[Jemisa]

You didn't contribute towards the mortgage? Did you pay rent?
. did you pay for food? can you prove anything? Can he? and do you want to open up a can of worms?

jem

[LoftyLottie]

I think the fact that you were engaged to be married could be relevant. It shows intent of a permanent relationship. And if you paid towards the legal fees and deposit then you have contributed towards the price of the house. Glad you are going to talk to a solicitor as Barmaid suggested. Personally, I think it is worth you investigating. Too many people walk out of a marriage/permanent partnership with nothing because they don't know their rights.

[jellybean2112]

Yes, I payed for food, Jem, and as I stated earlier, I payed towards the deposit, legal fees and pretty much everything but the mortgage, and no, we were a couple, so I didn't pay rent. My ex will have as much proof of this as I have I assume, and yes, it's worth the can of worms.

When I made the decision to do this, I was worried that people may think that I am doing this out of spite, but that is not the case, I now have a new man and a baby, however, we are living in a rented property, and if I am entitled to anything, that will go a massive way to making my daughters future that little bit more secure by going towards a deposit on a new house! As any parent will tell you, you will do anything that you can to give your child the best possible start, and if I can make my little girls "start in life" a little more comfortable by doing this, then I'm going to do everything that I can to make that happen.

Thank you for your help everyone, and Lofty, thank you for your words of support, it made me feel better about why I'm doing it!

[ummmm]

Food - you have to eat regardless where you are.

Bills - have to be paid regardless where you are..

Why did he put the house solely in his name? Why didn't you insist it was a joint mortgage?

[LoftyLottie]

Perhaps the bills that jelly beans paid towards included the mortgage or made it possible for her ex to actually manage a mortgage.

People don't always think when they are in love, especially when they are very young ummmm. It's happened and you can't go back and I am sure Jellybean will have learnt by her mistakes. We all do. She won't do the same again and it's water under the bridge now.