We're aware that some users are experiencing technical issues which the team are working to resolve. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Seperation claiming share of property

Options
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 ? 
«1

Comments

  • If the money you were paying to him was being used to pay the mortgage yes you should. 
  • TripleH
    TripleH Posts: 3,188 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    edited 10 January 2022 at 12:43PM
    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.

    May you find your sister soon Helli.
    Sleep well.
  • 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
    TripleH Posts: 3,188 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    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).

    May you find your sister soon Helli.
    Sleep well.
  • 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
    T.T.D Posts: 260 Forumite
    Fifth Anniversary 100 Posts Photogenic Name Dropper
    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? 

  • 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. 
  • 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?
  • Yes he is now
  • isplumm
    isplumm Posts: 2,215 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    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
    We’ve had to remove your signature. Please check the Forum Rules if you’re unsure why it’s been removed and, if still unsure, email forumteam@moneysavingexpert.com
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 350.6K Banking & Borrowing
  • 253K Reduce Debt & Boost Income
  • 453.4K Spending & Discounts
  • 243.6K Work, Benefits & Business
  • 598.4K Mortgages, Homes & Bills
  • 176.8K Life & Family
  • 256.8K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.