Relationship split

Chapperss

Hi all,

So some advice would be great.

My friend has split from her partner and he is demanding money for 5k he gave her towards a deposit on their flat and other stuff to a total requested of 7.5k.

The Flat is in her name as is the Mortgage and also the new buy incentive of 20k from Taylor Wimpy.

They have lived there for 16 months and so far he has contributed 2.7k towards mortgage repayments (paying some when he feels like it) and she has paid continuously to the value of 8.5k (he has since moved out as requested by her).

He has invested in buying the the fridge, blinds, washing machine, bed and dishwasher to the tune of the extra 2.5k ish (roughly making up the total 7.5k).

The house has been valued by the two estate agency he picked as 5k more than when they bought it.

So question is what does she do, is he entitled to anything or are we safe to tell him to go fish?

Cheers

Tiddlywinks

Your friend needs to speak to a solicitor asap... it really depends on contributions to the household, names on deeds etc.

It is best for someone qualified to look at all the figures and paperwork and then give proper advice rather than us all guessing and giving opinion based on only half the facts.

RAS

It will very much depend on what was written in the original agreement between them.

However...

Regarding the white goods etc, I suggest she get herself on freecycle/freegle and replaces the items she really needs - buy a new mattress.

The write and ask the ex to remove the goods from the property. he can have what he can get second hand or the use of them.

He has no right to any increase in equity unless this was written into their agreement but the cost of selling is such that it would wipe it out anyway.

I do think he should get some of the deposit back but I would deduct a reasonable amount for rent myself.

Chapperss

Cheers for the quick initial reply's

No agreement was drawn up at all, he just transferred 5k into her account on the 'understanding' that this would be used towards the deposit.

Regards the white good I agree that she probably has to give these back if he wants to collect them or offer a sum to keep them.

Any further comments greatly appreciated (well attached to this subject matter at least)!

C_Mababejive

IMHO your friend doesnt need to do anything at all except get on with her life.

If the other party wishes to make a claim then let him take legal advice.

The lesson to be learned here is NEVER live in someone elses home.

Chapperss

That's what we would like to do but if we will lose when going to court then we may as well stump up now instead of paying legal fees.

C_Mababejive

Chapperss wrote: »

That's what we would like to do but if we will lose when going to court then we may as well stump up now instead of paying legal fees.

It is perfectly possible that that is what you can do.
This isnt personal. Its simply business and if someone feels they have a claim then let them claim.

Was the male a joint mortgagee or was he simply giving her money which she then directed toward the mortgage? If so then surely this might be seen as rent for the period in which he lived in her property.

In such a case, any potential liability might be reduced and the most she might be minded to reimburse would be perhaps 50% of the cost of the white goods and other items which were jointly purchased when they both lived together.

One might easily argue that he has had some enjoyment of those goods and therefore an amount may be further deducted in lieu of such enjoyment if she chooses to retain the items.

Perhaps she should offer the items for sale to him or totally reject them and sell them as used,giving him 50% of the sale value less storage charges?

The possibilities are endless...

pinkshoes

If the ex can prove he paid the £5k deposit, then at the very least he is entitled to that. As the property has increased £5k in value, then his share of this increase is as a proportion of the initial equity. i.e. if the deposit was £25k, and he paid £5k of this, then he gets 20% of the equity increase.

Also, if he can prove he paid for washing machine, blinds etc... then he is either quite entitled to take them, or your friend might want to make an offer for them, based on their 2nd hand value of 16 months old. Bear in mind if he chose to take them, then she'd have to buy them all new.

Your friend is wise to think about paying him off now, as if it goes to court, she'll have to pay fees too!!

I suggest she reaches a compromise amount and pays him off, and get him to sign something saying they agreed and the amount has been paid.

missimaxo

Personally I also think there is a moral issue at play here. Presumably they one time loved each other, and when they bought the flat if he gave money towards the deposit, it was envisaged they would share the flat for the long time future. They may have been naive in not getting a legal contract drawn up about the deposit money and/ or future equity split... but if he has genuinely put money into the house and towards furniture and other goods, then morally he deserves to get something out of it as well. Can your friend and he not come to an agreement over sharing the furnishings (to give him an equal chance of moving on and setting up his future life) and come to an amicable arrangement over the monies he paid in. Although legally he may not have a claim, I think both parties deserve to get out of a relationship what they put in if they split so that they can both move on with their lives rather than one person benefitting outright.

fluffnutter

Chapperss wrote: »

Hi all,

So some advice would be great.

My friend has split from her partner and he is demanding money for 5k he gave her towards a deposit on their flat and other stuff to a total requested of 7.5k.

The Flat is in her name as is the Mortgage and also the new buy incentive of 20k from Taylor Wimpy.

They have lived there for 16 months and so far he has contributed 2.7k towards mortgage repayments (paying some when he feels like it) and she has paid continuously to the value of 8.5k (he has since moved out as requested by her).

He has invested in buying the the fridge, blinds, washing machine, bed and dishwasher to the tune of the extra 2.5k ish (roughly making up the total 7.5k).

The house has been valued by the two estate agency he picked as 5k more than when they bought it.

So question is what does she do, is he entitled to anything or are we safe to tell him to go fish?

Cheers

So you're not denying that he's invested £7.5K, and possibly a further £2.7K, in various ways, yet you'd still like to be able to 'tell him to go fish'? Pretty immoral really, don't you think?

Mojisola

fluffnutter wrote: »

So you're not denying that he's invested £7.5K, and possibly a further £2.7K, in various ways, yet you'd still like to be able to 'tell him to go fish'? Pretty immoral really, don't you think?

He shouldn't be able to walk away with everything he's put in otherwise he'll have been living there for free. If he hadn't been paying into the joint household, he would have been paying rent somewhere, wouldn't he?