Ex demanding half the house

blalunderscore

Hello

I'm new to this so sorry if I seem to have posted this in the wrong area.
I'm in need of some advice of where to go from here. My mother was in an abusive relationship for nearly 10 years during which time he moved into the family home due to bullying. We never pressed charges against his abuse but did write witness statements on occasion when things got out of hand.
Anyway, 10 years later he met someone else and we finally had the courage to say enough is enough and ask him to leave.
He did so, but has since threatened us with solicitors letters demanding half the house's equity.
His name was never on the mortgage, nor the deeds and his wages weren't paid into the same account as the mortgage was taken from. He never had any credit cards, banks or anything in his name either, due to having bad credit from a previous marriage (he wasn't married to my Mum, though).
What I want to know is if he has a right to claim this money from us and whether he would win a case?
Thanks

bouicca21

Take some legal advice - sometimes solicitors offer half an hour free.

But if not married, not on the deeds, and didn't contribute to mortgage or running costs, plus is in no way financially dependent on your mum, I doubt he's got a chance in hell to substantiate any claim.

Guest101

Did he pay towards the mortgage by paying a rent to your mother?

Savvy_Sue

blalunderscore wrote: »

What I want to know is if he has a right to claim this money from us and whether he would win a case?

No, and almost certainly no. Cross posting with bouicca.

If you have legal insurance on your home insurance or through a trade union, that should be enough to set your mum's mind at rest. Meanwhile let him bluster, and await the solicitor's letter.

Or step it up a notch and consider acting against him for harassment.

bugslet

When Mr Bugs nearly left and wanted half of 'my' house, despite the fact that he had lived there for 15 or so years, because his name was not on the deeds and we weren't married, my solicitor said if he pushed it, he might get 10k.

Best go and see a solicitor though, it sounds as if they should be able to put your mind at rest.

blalunderscore

Guest101 wrote: »

Did he pay towards the mortgage by paying a rent to your mother?

No he never paid anything into her bank account from which the mortgage was paid from.

RAS

So he is still a bully? And trying to cause grief? But will get nowhere.

Guest101

blalunderscore wrote: »

No he never paid anything into her bank account from which the mortgage was paid from.

That's not what I asked.....

Guest101

bugslet wrote: »

When Mr Bugs nearly left and wanted half of 'my' house, despite the fact that he had lived there for 15 or so years, because his name was not on the deeds and we weren't married, my solicitor said if he pushed it, he might get 10k.

Best go and see a solicitor though, it sounds as if they should be able to put your mind at rest.

I'd wager the solicitor wouldn't offer to cover anything over £10k. After 15 years, if he's paid towards the mortgage, he'd get a fair whack at the equity.

clint_S

I would ask this question in the house buying section, http://forums.moneysavingexpert.com/forumdisplay.php?f=16, as this type of question gets answered a lot more than you'd expect.


Deeds aren't always the best place to look, although they give a good indication, is he on a joint tenancy or Tenancy in common? If not then he has no rights to the property. If they weren't married then that right is zero and he has no claim against the property, and if this went to court he would get nothing. If he was a tenant living in the property would you expect he to get a % of a house sale if the landlord sold it? No, and he has less claim than a lodger would.

Guest101

clint_S wrote: »

I would ask this question in the house buying section, http://forums.moneysavingexpert.com/forumdisplay.php?f=16, as this type of question gets answered a lot more than you'd expect.


Deeds aren't always the best place to look, although they give a good indication, is he on a joint tenancy or Tenancy in common? - Neither, he's not on the deeds... If not then he has no rights to the property. - That's not how it works... If they weren't married then that right is zero - Again not quite and he has no claim against the property - Not accurate..., and if this went to court he would get nothing - Terrible advice . If he was a tenant living in the property would you expect he to get a % of a house sale if the landlord sold it? No, and he has less claim than a lodger would- that's not how this works. .

Dear Sir/Madam,


in the politest possible way, please rethink your position before giving such inaccurate advice.


A tenant (or a lodger) is a clear contractual relationship. There is no expectation of gaining interest in the property


This is one of equal partners where such an expectation could be reasonably expected.