Has Ex got a claim on my house

m0bov

My partner only pays half for food/bills and the management fees for the flat. All the other things like repairs, hard wired appliances like oven etc and the mortgage are not included. I have a spreadsheet that details what goes where, its the only way. The OP def needs to speak with CAB or a free 30min phone session with a Sol. If they do start picking through the bank accounts then any tax issues will come to light I would think.

bargainbetty

worried2bits wrote: »

We have had arguments about him not paying tax and his answer is he would go bankrupt. I don't know enough about the law to know if that's a way to avoid it.

Not having the money to pay can be cleared by it, failure to properly declare income and wilfully avoiding tax for 15 years is an offence and can be prosecuted.

Seem to be getting mixed responses about whether he would have claim. Been at work all night and should be in bed but I'm worried sick, I cant sleep.
Get some sleep. If he had a registered beneficial interest then you could worry.

Write him a letter, stating that the money he paid towards his food and expenses are not considered refundable in law, unless he wishes to return all the food, personal items and utilities he enjoyed in exchange for those funds. Note that you handled the deposits for his mortgage elsewhere, and that you will be happy to detail an hourly rate for your administrative assistance in his personal affairs, and deduct that from any sum he considers due.

If the car is in his name, he should remove it immediately or you will apply to have it removed from your property and destroyed as 'abandoned'. If the car is in your name, tell him that he has no legal claim on it, but can offer a sum to purchase it from you (pick which is applicable).

State that the paintwork and other wear and tear repairs that he assisted you with (note the word assisted) are nothing more than general dilapidations and are therefore not considered to increase a value of a property, and cannot be considered as improvements. Send pictures of the problems his work has caused and advise him of the estimated costs of the remedial works to repair the damage he has caused to your home and ask when he expects to be able to make reparations for it.

State that any attempt on his part to undertake court proceedings to reclaim general expenses from you will be met with a counterclaim for the repairs necessary to your home due to his actions.

I'd suggest adding 'Jog on, a**ehole, but that might lose you the moral high ground

NYM

worried2bits wrote: »

....

Seem to be getting mixed responses about whether he would have claim. Been at work all night and should be in bed but I'm worried sick, I cant sleep.


I don't have £10,000. I certainly don't have the money for a solicitor....

He would need to initiate any Court action. Has he got the money to do that ?

He would be required to show a Beneficial Interest in the property.

Can he show that he has directly contributed to mortgage payments, had the utilities in his name, paid Builders directly for works carried out ?

Take a look at this website...it might give you the information you need.

http://www.advicenow.org.uk/data/files/lt-housing-2010-1208.pdf
P.12

An excerpt...

If there was no agreement but *you* (He) made a direct contribution, for example by paying some of the deposit or mortgage payments, *you* (He) may still be able to establish that *you* (He) own a share.
However, only direct financial contributions to the purchase of the home will be taken into account. Again, this is called a ‘beneficial interest’. In some cases, there is no contribution but one partner has given up something valuable because of promises made by the other partner. An example may be where someone has given up a long-term tenancy to move in with a partner who promised s/he would have a home for life. In such a case, it may be possible to prevent the person from denying that promise, with the effect that *you* (He) could have an enforceable right to live in the home but it is rare for such situations to be so clear cut.

In all of the above cases, unless you can reach agreement with your ex, *you* (your ex) will have to go to court to get the court to order that *you* (your ex) do have a share (or right to remain in the home) and how much *your* (your ex) share is.

(that last bit confirms that he would have to take you to Court)

hohum

I have to say my thought on reading this is:

- has he got a solicitor?
- has he got the money to take legal action?
- is there a prospect he has a reasonable chance of success?

People bluster about legal action but it is pricy. If you satisfy yourself re the validity of claims - CAB might be a good place to start - then I'd rest easy.

TBH I doubt he will actually bring a court case. Even civil action a) costs b) you actually have to see it through and from your description I'm not sure he would be in a position to do either. You know him well enough though, so base your actions accordingly.

RAS

worried2bits wrote: »

Yes he has contributed towards the work done in here, cant say if the work has increased the value as most jobs he undertook now need finishing.

He removed the render from the front of my house (as a nice surprise for me) and 6 years later, I have had to pay for it to be re-done. The lack of render has resulted in damp to all rooms at the front of the house which I am now trying to resolve. So yes, house has probably gone up in value but not for what he's done. Lets just say, at this moment in time, my house has absolutely zero kerb appeal.

He is claiming for plastering, painting, he laid a patio in the garden (unfinished), built a wall in the garden (unfinished). Its probably going to cost me best part of £5,000 to get it all done. We have water running in the living room window every time it rains as I have gaps in the brickwork which was underneath the render.

I feel like I should be claiming off him..

Precisely.......

Send him a list of dilapidations resulting from his "help" and advise him of the cost of correcting that work.

He can claim if he funded major improvements. For example he took out a loan specifically to fund an extension. If that extension increased the value of the property.

Not for work that is incomplete and has devalued the property. Might be worth getting an estate agent ort two to value now and with dilapidations corrected?

Just do not ignore any court paperwork that he sends you as he will win by default.