Seperation claiming share of property 10 January 2022 at 11:15AM in Marriage, relationships & families 12 replies 982 views

Shazt79

Hi I’m looking for some advice, I recently split from my ex partner after 10 years, we have a 7 year old Daughter. I wasn’t put on the mortgage when we bought our house 9 years ago. I paid money into his bank account every month whilst we were together which is over 30k I left him as he was controlling and our relationship was strained. I now live in a rented flat with our Daughter. I took nothing and have no money or savings, My ex bought the house for £235k he has just listed in for £459k. Should I try and claim beneficial interest ? 

Keep_pedalling

If the money you were paying to him was being used to pay the mortgage yes you should. 

TripleH

Were you married? (I assume not, but better to check)

Can you provide documented evidence? I'd try pulling bank statements together showing what you transferred over to him and what cane the other way for as far back as you can.

Your ex might try to argue your contribution was rent, how that holds up as you have a child I don't know.

Keep_pedalling

TripleH said:

Were you married? (I assume not, but better to check)

Can you provide documented evidence? I'd try pulling bank statements together showing what you transferred over to him and what cane the other way for as far back as you can.

Your ex might try to argue your contribution was rent, how that holds up as you have a child I don't know.

Bit difficulty to claim it was rent from someone you shared a bedroom with and you had a child with. 

TripleH

Agree, but if the ex is controlling, then you don't know what they'd try and say.

Hence Op gather evidence now to support their argument.

Just thinking, Op were you on any documents to do with the house purchase, did you sign anything for the solicitors? Were you on the mortgage or the renewal at any point?

If you did, it might be worth a SAR on your file (although there is a chance it might have been destroyed by now).

Shazt79

We weren’t married, I have bank statements with the amount and the reference ‘bills’ next to each transaction, most of these are £400/£500 a month 

T.T.D

What’s to prevent him to say that £400 “bills” were half of Gas, half of Electricity, half of home phone and broadband, half of metered water (if metered), half of car insurance, petrol bill, home insurance, life insurance, food and general living expenses, many people would class those as “bills”. 

So the ball is back in your court to bat back and say No, it was the mortgage here’s the proof. 

You need to clearly outline your own expenses and exclude them as general bills your contributing too. And make a clear distinction between what you have paid as general costs of living, and what you are contributing costs to a mortgage.

how could you present your case as that in a court? 

Shazt79

Thank you, I know where you’re coming from. I’m speaking to someone on Wednesday to see where I stand. I put in over 50% of my wages, he earns 5 times more than I do. I had no money spare, he bought, bikes, boats cars etc. all I would like is a small amount back incase my car packs up or in an emergency as I have nothing in savings etc. 

Keep_pedalling

Shazt79 said:

Thank you, I know where you’re coming from. I’m speaking to someone on Wednesday to see where I stand. I put in over 50% of my wages, he earns 5 times more than I do. I had no money spare, he bought, bikes, boats cars etc. all I would like is a small amount back incase my car packs up or in an emergency as I have nothing in savings etc. 

is he paying any child maintenance costs?

Shazt79

Yes he is now

isplumm

well my sister has just gone through the same thing - she was married to him, but he owed the house - she got some form of notice, that stopped him selling it.

I would suggest you see a solicitor - if you cannot afford it - see if you can get a free 30 minutes.

Mark