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This Time I'm Really Going To Do It

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  • Humdinger1
    Humdinger1 Posts: 2,295 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    @Watty1 agree with apple; it's a totally understandable reaction.  Touch breaks down barriers I think and you've probably been bottling all this up for years.  Better out than in.  We'll all be thinking of you this week as this is when your court case happens, no? Love Humdinger x 
  • greent
    greent Posts: 10,761 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Human touch can be a very powerful thing. Huge (((hugs))) for you, Watty xx
    I am the master of my fate; I am the captain of my soul
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  • Karmacat
    Karmacat Posts: 39,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Just adding my voice to what you've already read ... totally understandable reaction, though it must feel bad to miss out on the spa day.  Many, many hugs.
    2023: the year I get to buy a car
  • ajmoney
    ajmoney Posts: 6,466 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Watty, I wish we all lived closer to you.  Sending you love and hugs x
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  • themadvix
    themadvix Posts: 8,750 Forumite
    Part of the Furniture 1,000 Posts Mortgage-free Glee! Photogenic
    Just caught up Watty -  it's lovely to have you back. What you're going through is most definitely not lovely though. Sending hugs x
    Mortgage free 16/06/2023! £132,500 cleared in 11 years, 3 months and 7 days

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  • Watty1
    Watty1 Posts: 6,809 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Well the court day happened and I lost the case.   Judge felt I had not provided enough proof that I had personal savings before I met Mr Watty.  I couldn't because it was 25 years ago.  I had not enough proof Mr Watty had promised me the rental property would be my pension plan because I had no documentary evidence.  Well who documents all their conversations?  And who really in a happy relationship runs along to a solicitor to have documents drawn up when they love and trust their partner and believe them to be honourable?  And finally the judge felt that during the relationship we had pooled all our income and so if I had put it in joint names the law says that is joint thus meaning that everything that is joint is joint but interestingly everything Mr Watty has like his pension pot and his inheritance are his because the law says a cohabiting couple cannot touch that.  So it is joint when it is joint and his if it his and I cannot touch it.   The judge said Mr Watty should give me a discount on buying his half of Bull Cottage equal to his potential legal costs if I appeal to save the costs and difficulties of an appeal.    We then had to negotiate what that would be and Mr Watty wanted £90,000 more than i was prepared to offer.  

    Mr Watty also wants an overage agreement of 50% on the land should I ever sell it for development or develop it personally and as I refused to agree an overage agreement without a property lawyer present then the whole thing fell apart.  I have learnt many lessons during this process and was at least commended by my lawyer for insisting I was entitled to proper legal advice from someone qualified in property law - at one point my barrister was googling overage agreements to see if we could salvage something and all she could conclude was they are complex and I was right to get proper advice from a specialist.

    At the age of 59 I have been on a steep rollercoaster of learning about the law and the true nature of the man I was with for so long and about human nature.

    All I can stay at this point is I am still standing.  Time to regroup and think about what next.  (Also wondering if I should post a cautionary note thread on this board as I can't be the only cohabitee here and I wonder if I am the only person not aware of how unprotected in law a cohabitee is compared with a married person - what do regular readers think?)

    Made it to mortgage free but what a muddle that became

    In the event the proverbial hits the fan then co-habitees are better stashing their cash than being mortgage free !!
  • CathT
    CathT Posts: 7,133 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Watty I am so sorry you're going through this and the day in court did not go well. 
    June 2025 - part 1 - £19,145 part 2 - £21,973 Total - £41,118 29 months to go!
  • ajmoney
    ajmoney Posts: 6,466 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Watty,

    Firstly, I think it might be beneficial to write about your thoughts on cohabitee's.  It is certainly something I am aware of after an amicable separation of my marriage but of the implications of getting into any potential relationships in the future.

    Secondly...I am so so sorry.  I wanted to cry reading this, what has happened feels so unjust for you.  I really don't know what else to say.  Please take it easy on yourself, regroup and then find your way going forward.  Please continue to reach out either on here or pm me x
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  • Slinky
    Slinky Posts: 11,029 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    So sorry to hear this Watty. Yes warning cohabitees would be a good idea - marriage isn't just 'a piece of paper'.

    I have a friend who was shafted as a cohabitee who'd bought a property 50/50 basis, putting in all her inherited money from her father. He ran up debts on a credit card wining and dining his lover on the side, those debts were cleared when they remortgaged to buy the house. The proceeds of the house got split 50/50. They'd been together 20+ years and she trusted him.
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