I am putting all deposit for house, partner £0

lucie_sky81

Good morning

I really hope I can get some help to clear up this debate.

To cut a long story short, in 2017 I bought a property all in my name and my boyfriend moved in with me. I fell pregnant. 7 Months later we split up and he moved out.

He continued to pay into my bank £400 for a few months then it dropped to £300 monthly (to help with his son)

Now, we have got back together and I am selling my place and will have approx £20k equity to put down on the new place and my mom is also giving us £4k to help with fees.
My boyfriend has nothing to give.

I mentioned if we split up, I would like the £24k back. He replied with that he is entitled to some of it anyway as he lived with me for 7 months and then continued to pay when he left (This was the £300/month for his son)

If he is entitled to any of it, then thats fine, but I just have no idea

Any advice will be greatly appreciated
x

Comms69

Did he pay you money towards the mortgage when he lived there?

wksd

He isn't entitled to any of it, even if he contributed to a mortgage this would be rent. Legally he has no case unless you're married.
Speak to the solicitor and ringfence your deposit, also I'd make yourself Tenants in Common rather than joint.
He will then be entitled to the equity he contributes in the future, any profit the house makes on selling, and you will be entitled to keep the whole deposit amount.

lindens

I suggest you see a solicitor and get a Deed of Trust drawn up so that if the relationship were to break down again, both your positions are protected. you both need to independently seek legal advice on this

Comms69

wksd wrote: »

He isn't entitled to any of it, even if he contributed to a mortgage this would be rent. - Rent? A taxable income? Legally he has no case unless you're married. - you are wrong. Google beneficial interest
Speak to the solicitor and ringfence your deposit, also I'd make yourself Tenants in Common rather than joint. - or not have him on it at all, obviously.
He will then be entitled to the equity he contributes in the future, any profit the house makes on selling, and you will be entitled to keep the whole deposit amount.

Really should be careful when you provide advice without any caveats.

Comms69

lindens wrote: »

I suggest you see a solicitor and get a Deed of Trust drawn up so that if the relationship were to break down again, both your positions are protected. you both need to independently seek legal advice on this

Not necessary.


Unless you meant you should really both get advice.

lucie_sky81

Thank you for replying, so he paid into my bank £400 when living with me, for bills and rent etc yes

lucie_sky81

We are getting the mortgage together so would have to have his name on there too, it is both our wages together plus my deposit which is enabling us to afford it

[Deleted User]

lucie_sky81 wrote: »

Good morning

I really hope I can get some help to clear up this debate.

To cut a long story short, in 2017 I bought a property all in my name and my boyfriend moved in with me. I fell pregnant. 7 Months later we split up and he moved out.

He continued to pay into my bank £400 for a few months then it dropped to £300 monthly (to help with his son)

Now, we have got back together and I am selling my place and will have approx £20k equity to put down on the new place and my mom is also giving us £4k to help with fees.
My boyfriend has nothing to give.

I mentioned if we split up, I would like the £24k back. He replied with that he is entitled to some of it anyway as he lived with me for 7 months and then continued to pay when he left (This was the £300/month for his son)

If he is entitled to any of it, then thats fine, but I just have no idea

Any advice will be greatly appreciated
x

It is possible for someone to build up a beneficial interest in the property by contributing towards the capital repayment of a mortgage even if they are not named on the mortgage but if all he has contributed was 7 months of payments, some of which I presume will have been for council tax and utilities, then his capital contributions probably amount to the square root of SFA. The £300 a month after he moved out sounds like child maintenance or whatever it's called these days and nothing to do with the mortgage.

How much of the £24k does he think he is entitled to?

[Deleted User]

The fact you are debating with each other over who is entitled to what is a good indicator to where this relationship is heading. I'd definitely be getting a declaration of trust drawn up to show your initial contribution towards the deposit.

lucie_sky81

Lover_of_Lycra wrote: »

It is possible for someone to build up a beneficial interest in the property by contributing towards the capital repayment of a mortgage even if they are not named on the mortgage but if all he has contributed has 7 months of payments, some of which I presume will have been for council tax and utilities, then his capital contributions probably amount to the square root of SFA. The £300 a month after he moved out sounds like child maintenance or whatever it's called these days and nothing to do with the mortgage.

How much of the £24k does he think he is entitled to?

I really don't know how much he thinks he is entitled to, he mentioned he helped decorate the place, but we never did anything like substantial, it was flooring, painting, which i paid most of