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It's my house!

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Comments

  • sonastin
    sonastin Posts: 3,210 Forumite
    Contra-argument:

    My partner bought me a very expensive gift. Now that we have split up, he is trying to claim that it doesn't belong to me because he paid for it. The legal documents are all in my name. Can he take it away from me after all this time (>5yrs)?


    How do you plan on dealing with that argument if this ends up in court?
  • theartfullodger
    theartfullodger Posts: 15,989 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Devo wrote: »
    The reason it wasn't in my name for 'business reasons' is because I was taking out a long-term lease agreement so the house would have possibly been at risk if anything went wrong...

    ..............

    Sigh!!!! So you've limited or no rights!! You cannae have it both ways laddie ..
  • movilogo
    movilogo Posts: 3,238 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    The house unfortunately is in her name as I didn't want it at risk if ever there was a problem with my old business in the UK. I can however prove that I PAID for the house and it's actually my house!

    Good luck with that. Your (former) partner will claim since you loved her so much that you gifted that to her. So you are simply screwed.
    Happiness is buying an item and then not checking its price after a month to discover it was reduced further.
  • SuzieSue
    SuzieSue Posts: 4,110 Forumite
    Part of the Furniture 1,000 Posts Name Dropper I've been Money Tipped!
    edited 16 March 2012 at 3:06PM
    movilogo wrote: »
    Good luck with that. Your (former) partner will claim since you loved her so much that you gifted that to her. So you are simply screwed.

    Exactly. If the OP can "prove" it is his house, then if his old business had folded, his creditors would have been able to do the same thing.

    The OP can't have his cake and eat it. He wanted the house to belong to his partner when it suited him and now it doesn't he wants to treat it as his own.

    There are lots of higher rate tax payers who put assets in their partner's name to avoid tax (which is perfectly legal). Unfortunately, the risk they take is that the partner might not give them back when they want them as the OP has found out.
  • stark_source
    stark_source Posts: 34 Forumite
    edited 16 March 2012 at 9:07PM
    "The issue is that I have caught wind that she intends to only give me around 20k once the house has sold and keep the rest herself."
    You 'caught wind'?

    Sounds like she's quite an intelligent lady when it comes to living off you. She's done it for five years, and she doesn't plan to simply get kicked out on the street now.

    I'd be interested to know the answer to your question, as I know nothing about law on this. Morally speaking though, I do identify with some of the points made above - you wrote the house over to her, to protect your assets, but this means not being able to get those assets back five years later, when you no longer have to protect your assets; because your wife simply says, 'Um, no. The house is mine.'

    The point: You can't have it both ways.

    This all sounds like the makings of a classic tragedy. You were too smart for your own good, perhaps, and if you get out of this with half your homes value in your pocket, I hope you at least learned something from this. But, then again, the essence of a good tragedy, is that the protagonist has to really suffer before he learns his lesson.... if this was Shakespeare, you'd be lucky to get out of this with the shirt on your back.

    Bummer.
    80% saved for a £20,000 deposit! :cool:
    Current Average Save: £418/month

    Update: £16,242 / £20,000 - 80% (by April 2012)
    Next Goal: £16,242 / £25,000 - 65% (by December 2013)
    :T "Lovely: The little guy who could!" :T
  • So, help me here a little please. You put the property in someone else's name on the basis that if a business venture went awry, the property was safe as it wasn't in your name.

    Now you want to walk away from that premise?

    I can see a fundamental flaw in your plan here.
    Don't lie, thieve, cheat or steal. The Government do not like the competition.
    The Lord Giveth and the Government Taketh Away.
    I'm sorry, I don't apologise. That's just the way I am. Homer (Simpson)
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