Any entitlement to the property I have been living in?

winterwonders

I have been with my fianc! since 2007 and we have a 7 year old together. We when met I was living in a rental and he moved in with me. On finding out we were having a child we needed to look for somewhere bigger and my fiances parents said we could move into one of their properties which also needed renovating. The house deeds were changing to add my fianc!es name along with his parents and my fianc! and his father have the mortgage in theirs names. My fianc! and I did a full renovation on the property (£60k) and moved in 2008. From day 1 we have paid all bills, expenses and the mortgage from our joint account. The house was valued a few months ago at about £80k more than before we moved in, I presume in part due to house price increases as well as the renovation work.

We are now separating and my daughter and I are moving away from the area. A few friends have suggested that I should investigate whether I am entitled to any financials from the property before I walk away? I am reluctant to involve solicitors and cause family upset though for nothing.

Any thoughts would be appreciated.

AnotherJoe

winterwonders wrote: »

I am reluctant to involve solicitors and cause family upset though for nothing.

What about for a large part of the value of the house you can use to house your ex's child, if you want them to look at it from that POV?

Surely there's a bunch of upset anyway, will a little more make any difference?

bouicca21

You need legal advice as to whether you might have a TOLATA claim - in simplistic terms, a sort of implied trust.

definitely worth talking to a solicitor - a property one not a family law one, as you were not married. Shop around, you might be able to get half an hour free.

marksoton

winterwonders wrote: »

I am reluctant to involve solicitors and cause family upset though for nothing.

If you want your ultimate question to be answered you're going to have to...

FBaby

How much did you contribute to the £60K renovation and can you evidence it? Can you also evidence that you contributed yourself every month towards the mortgage in addition to the bills.

First step, negotiate with ex. and see where this goes. If can't come to an agreement, get advice from a solicitor and then go and see another one.

Do consider that the fact that you were not married will make matters much more complicated. More complicated means more costly, so you need to consider the risk that even if you go something, say £20K, you could end up having to pay £30K in legal fees.

HouseBuyer77

There's no reason you can't talk to a solicitor without your ex and their family knowing. They can advise on what you might be entitled to and what it might take to get hold of without having to contact them.

Citizen's advise Beaureu and maybe Shelter can probably offer advise too (won't be as good as a proper solicitor but will also be free).

It's probably worth getting some advice on what you may be entitled to before approaching your ex. If you don't want to cause an upset just don't lead with 'I have been taking to a lawyer...'. If you have a better understanding of what the legal route looks like you'll be able to better judge whether whatever agreement you might reach without lawyers is any good.

Sounds like you have been contributing financially to the mortgage, it seems fair that you get something back for that. Even if it does cause an upset, don't sell yourself short.

xylophone

You contributed to mortgage and renovations - your ex fiance is your child's father- surely he should be making a lump sum payment to reflect your contribution - apart from anything else, to help you to establish a home in which to bring up his child?

Your child's father will be paying maintenance?

densol_2

You have two areas to seek advice about. One being Land Law and any rights you may have accrued in respect of any significant contributions you may have made towards a beneficial interest in the property.

Secondly - A claim under the Childrens Act for the benefit of your child for a lump sum to house your child. This would come from a Child Care / divorce specialist, and the first one from a Land law / conveyancing specialist.

I would contact the Law Society and look for a medium to big firm who specislise in both areas ( albeit seperate solicitors ) so you can be advised accordingly

theartfullodger

Stay put in the house - you will be in a much stronger negotiating position.

You need to talk to a solicitor. You can bet he or his parents will already have done so