Am I entitled to property!!??

Errata

Nicki wrote: »

I am sorry but this is incorrect.

Please see the attached description of the actual legal position in fairly accessible terms:

http://www.howeandspender.co.uk/#/rights-of-co-habitee/4523216248

This is a complex area and OP does need legal advice but she should not be deterred from seeking that advice, just because some non-lawyers think she has no claim

The above appears to apply to those co-habitees who contributed to the purchase of a property but are not named on mortgage or deeds. The OP didn't, but bought 'stuff' - a kitchen, new drainpipes etc.

bryanb

londonsurrey wrote: »

Would the homeowner be in trouble with the tax man for having had a lodger for 10 years without declaring the income?

Not if it was below the limit.

Nicki

Errata wrote: »

The above appears to apply to those co-habitees who contributed to the purchase of a property but are not named on mortgage or deeds. The OP didn't, but bought 'stuff' - a kitchen, new drainpipes etc.

The first post said she contributed financially at the point of purchase. The case law is clear anyway that even if she didn't if she contributed to significant house improvements (ie more than just maintenance) she can acquire a financial interest. Here she paid £10k towards a new kitchen and bathroom which is likely to be sufficient.

Fire_Fox

MUMZ2BEE wrote: »

I have the evidence to show that I paid for the kitchen, which cost me £5000, the water, gas tv licence are all in my name, I also paid £500 for the cost of the bathroom suite and wall tiles, and I paid for windows, facia sofits and guttering which altogether cost me £3000.

I will be seeking legal advice of course; thanks for the advice!!

The bills are irrelevant, they are living expenses not related to the value of the property. The home improvements are very relevant.

MUMZ2BEE

I will definately seek legald advice over the matter if I am entitled to the property or not.

The fact that I have financially provided for my partner i.e I paid for renovations in the last house totalling to around £8000 in total, the fact that I pay for the food bills, and pay for some of the utility bills.

It was my partner's solicitor who claimed to me that I am not entitled to be placed on the title deed of the property because I am not contributing to the mortgage; regardless of the fact I helped him with renovations, etc etc.

My partner never offered to pay me back the £8000 I spent on helping him update his previous property when he sold it for £119,000!!

daska

MUMZ2BEE wrote: »

It was my partner's solicitor who claimed to me that I am not entitled to be placed on the title deed of the property because I am not contributing to the mortgage; regardless of the fact I helped him with renovations, etc etc

The solicitor was quite correct, if you weren't on the mortgage then you couldn't be put on the deeds. Mortgage companies won't lend under those circumstances.

You could and, by the sound of it should, have been on the mortgage. Was that never discussed?

Are you planning to leave him? If not then perhaps you could propose marriage. There's more than one way to skin a cat

Fire_Fox

MUMZ2BEE wrote: »

I will definately seek legald advice over the matter if I am entitled to the property or not.

The fact that I have financially provided for my partner i.e I paid for renovations in the last house totalling to around £8000 in total, the fact that I pay for the food bills, and pay for some of the utility bills.

It was my partner's solicitor who claimed to me that I am not entitled to be placed on the title deed of the property because I am not contributing to the mortgage; regardless of the fact I helped him with renovations, etc etc.

My partner never offered to pay me back the £8000 I spent on helping him update his previous property when he sold it for £119,000!!

Instead of ranting and feeling aggrieved try reading the thread. You cannot be put on the deeds if you are not also on the mortgage, the solicitor is quite correct lenders rarely agree to this. You could have a Deed of Trust as already stated. You don't think you paying for food and utilities was offset by the fact that he provided a roof over your head? You would have had to pay rent living elsewhere. Many people have said you should be entitled to consideration for the renovations, but if he's already sold the property you may have missed the boat. Was the £8K clearly stated to be a loan or did you assume that?

C_Mababejive

BitterAndTwisted wrote: »

Nope, a partner paying an equivalent amount in bills to what the mortgage-payments were and paying a very substantial amount towards renovations/improvements cannot be a lodger. Lodgers pay a deposit, sign a lodger agreement, pay rent and rarely have an intimate sexual relationship with their landlord

Did you read about TOLATA....?

Lodgers have no legal standing and agreements are purely arbitrary. Sexual relationships have nothing to do with the law relating to property ownership.

C_Mababejive

MUMZ2BEE wrote: »

I have the evidence to show that I paid for the kitchen, which cost me £5000, the water, gas tv licence are all in my name, I also paid £500 for the cost of the bathroom suite and wall tiles, and I paid for windows, facia sofits and guttering which altogether cost me £3000.

I will be seeking legal advice of course; thanks for the advice!!

What has caused you to be anxious about this situation now..?

C_Mababejive

MUMZ2BEE wrote: »

I will definately seek legald advice over the matter if I am entitled to the property or not.

The fact that I have financially provided for my partner i.e I paid for renovations in the last house totalling to around £8000 in total, the fact that I pay for the food bills, and pay for some of the utility bills.

It was my partner's solicitor who claimed to me that I am not entitled to be placed on the title deed of the property because I am not contributing to the mortgage; regardless of the fact I helped him with renovations, etc etc.

My partner never offered to pay me back the £8000 I spent on helping him update his previous property when he sold it for £119,000!!

I agree with your partners solicitor. I have helped to litigate in a TOLATA case and it is a complex area. If you live in someone elses house and you are not a registered proprietor at HM Land Reg of that property then you have no legal right to reside there. Whether you have a financial claim is another matter. Do you want to pursue your claim for costs under TOLATA? Can you afford a solicitor and all the legal closts involved? Any barrister worth his salt would love a good TOLATA case as its a license to print money !. No..best thing is to protect your interests at the front end and so i say thus....


1)If you are going to live in someone elses house,recognise that you have no legal right to live there and any money you pump into it may be difficult to recover without some deed of trust.

2)If buying a house with someone,ensure you are both on the HM Land reg docs. Its quite possible to be not on the land reg docs,pay towards a mortgage and still have no right to reside. You would also have to litigate to try and recover any money you put into the property.

3)If you stump up a big fat deposit toward the joint purchase of a property ALWAYS ensure that your greater contribution is registered.

I give my advice freely for MSE users to assist in the pursuance of marital bliss.