is my partner entitled to a share of my house?

BitterAndTwisted

How much has the property increased in value since he's been paying half of your mortgage contributions? 50% of that figure is the position I'd be starting from, minus the financial support you've provided to him during the time you've been a couple. Minus half of the selling-costs of agent's fees and conveyancing. You can't include the money you spent on improvements as that surely should be reflected in the selling-price you achieve or it wouldn't have been worth spending it in the first place.

In his shoes I'd be grateful to receive a penny from you but I'm not him. Only your conscience will tell you what's truly being fair.

A true cynic would end the relationship first, give him a couple of grand to wend his merry way and then put the property on the market. "Too many bad memories" or some other such tosh.

JencParker

Guest101 wrote: »

He definitely has gained an interest in the property.

A simple solution, pay back his contribution.

£250*12*6.5. £19,500.

Should never take money for mortgage, ever from a bf/partner if they aren't named on the mortgage.

If he goes for more, fight it. But that seems a fair settlement.

So someone either gets a nice sum from a property they never owned or they get to live there for free?


Makes me wonder why living together is so popular.

ReadingTim

While he may have paid slightly more than the marginal cost (council tax, utilities) of his residence in the property, he's only lived there for 7 of the 14 years you have owned the place. In addition, his payment record is somewhat erratic, and he owes you money outwith the 'rent'. Furthermore, unless he's done a significant amount of maintenance/work on the property, or has been otherwise deprived of an ability to earn a living by being in a relationship with you (for example if he gave birth to, and was charged with the bringing up of a child), I struggle to find any reason he's entitled to any share of the property, but, as other posters have suggested, if he feels hard done by, let him bring a claim against you.

Morally, it's entirely up to you - you're simply gifting him money. Under those circumstances, don't feel you have to justify anything - he should consider himself lucky re thinking of giving him anything, or being a claim against you.

Duncan_Pattinson

I would get a Conveyancer or Property Solicitor to call you at a time that suits you to discuss this in detail. Professional advise is what you need. Use the internet and type in

solicitors.lawsociety.org.uk

to Find a Solicitor that is regulated by the law Society.
Or visit an online conveyancing website and get a call back from a local Solicitor. You can search by postcode on homebuyerconveyancing.com if that helps

dodger1

needadvice100 wrote: »

I was thinking of 10% of the equity less agents'/legal/moving fees, less the £2,500 he owes me, which would come to about £10,000. Does this sound fair or would he be entitled to more?

Just a personal view as I have no legal idea. I'd say half the increase in equity from when he moved in 2008 to the present day less the £2,500 and half the moving fees.

Jhoney_2

Not.A.Dime.

Does he have any assets that you are going to be allowed to take 50% possession of - on account of the fact that you were living together. Savings? Investments? a cuddly toy?..

His contribution didn't create the equity, the market did imho.

Let him eat cake!

Jhoney_2

JencParker wrote: »

So someone either gets a nice sum from a property they never owned or they get to live there for free?


Makes me wonder why living together is so popular.

^^ this - I was thinking this the other day, but forgot to come back and post. Shame we don't have a multiple thanks button...:T

Rosetinted

I don't feel that you owe him anything financially. I'd give him zero and walk away!

After all, if he hadn't been living with you, he'd have been paying more to rent his own place and pay his own bills. Effectively, by only having to pay half costs towards everything, he's already had a nice discount on his living expenses over the time you've cohabited. I doubt you'll get the money back he owes you, though, so it might be easiest to consider that his 'gift', if you really want to give him one (not sure he deserves one).

If you owned the property before he came along, you still own it now. It's in your name, you're the one who's been making the mortgage payments and provided he's not contributed any major work to the place, in the eyes of the law it's yours and he'd not be entitled to anything (cohabitation law is hazy, so it's not an absolute certainty). The fact that he's been unreliable with giving you money and owes you cash still would all count in your favour if it ended up in court.

FBaby

As you can read in response to your post, there are no fast rules as to what he would be entitled to. On this basis, you need to start with an offering that he will either accept that he considers that all he has ever paid is rent and be grateful for the offer, or he will tell you that your offer is not acceptable as he has paid towards your mortgage.

It then becomes a case of negotiation up to agreement or him taking you to court. If he does, it could go either way. I remember reading a similar case, but even more outrageous where the guy ended up gaining 50% of the value of the property despite his name not being on the deed, and only paying his then partner a minimum amount. I'm sure there are many cases where the judge told them to get lost.

Hopefully it won't come to court, it's quite a financial risk to take.

Jhoney_2

Rosetinted wrote: »

I don't feel that you owe him anything financially. I'd give him zero and walk away!

After all, if he hadn't been living with you, he'd have been paying more to rent his own place and pay his own bills. Effectively, by only having to pay half costs towards everything, he's already had a nice discount on his living expenses over the time you've cohabited. I doubt you'll get the money back he owes you, though, so it might be easiest to consider that his 'gift', if you really want to give him one (not sure he deserves one).

If you owned the property before he came along, you still own it now. It's in your name, you're the one who's been making the mortgage payments and provided he's not contributed any major work to the place, in the eyes of the law it's yours and he'd not be entitled to anything (cohabitation law is hazy, so it's not an absolute certainty). The fact that he's been unreliable with giving you money and owes you cash still would all count in your favour if it ended up in court.

This for me is the clincher, in as much as, should the debt remain unpaid, the lender comes for OP and their assets, OP gets made bankrupt and would have difficulty getting credit or another mortgage.

His attitude when he couldn't pay his share as mentioned in the first post suggests an awareness of this too - simply not his problem....and nor is the property.

I appreciate that for readers of this thread who find themselves in similar circumstances, this may not be the correct way to view this - and I am no legal expert or authority on this -but it is the way it should be seen, imv.