Property Dispute after Separation

paperjam

My partner and I have split up after being together for over ten years. About five years ago, we bought a flat together, which I insisted on being in my name as I paid for the deposit and all the legal expenses.
Ever since then we shared our outgoings, I paid for the mortgage and he paid for most of the bills. My expenses were 2.5 times more than his were (ca. £900/£350) and I paid for nearly all of the furniture. I was in a 9 to 5 job with a steady income, whereas his income used to fluctuate, as he was freelance.
The flat was in a bad state at the time and my partner took it upon him to renovate the flat since he could arrange his time more flexibly than I could. He carried out most of the work himself (plastering, wiring, kitchen / bathroom, painting, flooring) - and if he had to, get tradesmen in for which we both paid for depending on the size of the job.
The flat is in great condition now and the increase in value is 110K. Marriage has always been just around the corner, although we were never engaged. Our plan was to turn the flat around and eventually buy a larger house in both of our names.
Somehow, our relationship fell apart when I could not see a future for us together. This all happened quickly and shortly after finishing the decorating. As I own the flat and want to keep it as my investment, I have offered him a figure of 12K which I think is fair based on his contributions, but he's not happy about the amount.
How much could he ask for?

Should I settle out of court? Alternatively, should I wait and see what the courts say?

Could his contributions be classed as rent payments and therefore I don't need to offer him anything now?

Is it possible that he could ask for half of the increase in value or equity? I have heard about new European legislation, which apparently supersedes UK laws in that respect?
Luckily, there are no kids involved.

robnye

Should I settle out of court? Alternatively, should I wait and see what the courts say?

either way i would suggest you get some legal advice

Could his contributions be classed as rent payments and therefore I don't need to offer him anything now?

it sounds like the old 'common-law-spouse' argument - as to whether the unamed occupier has a legal claim on some value of the property due to their contributions, albeit by way of time and effort for the decorating

again i would suggest getting some legal advice

robowen

Give him half the value of the flat. He's renovated it and gave it it's value.
You both bought it at the same time..he gave you commitment...and you dumped him....right after the decorating was finished :doh:

It's only when things go wrong that people nit pick at how much each person has put into the kitty.
Suppose you had been out of work.....would he have supported you ??

rob

Doozergirl

There's no such thing as a common law spouse in England, so as you're not married and have no children, he'd have a battle to prove that he had a claim on the equity in the property, costing him thousands in legal fees and he risks losing. He certainly wouldn't be able to claim 50% from you if he hadn't contributed 50%.

Has he sought legal advice? Have you? I'm not sure I'd be feeling so confident if I were in his position. It's easy to say you'll split 50/50 when you're in love, but also pretty easy to forsee that you won't split 50/50 when you're not! I feel a bit sorry for the guy, but see your point of view, of course. He should have staked a claim in the first place, when you bought it. At least you're offering him something!

Mr_Proctalgia

I think you might do better posting your Q here.

http://www.ondivorce.co.uk/messageboard/mb-index.php?mb_id=1

A wealth of knowledge is available - but IMHO I think you may have to stump up £55K

Doozergirl

Mr P, they're not married? Does she have to pay him half?

Jay1b

Work out the % that he has paid, then divide the equity up accordingly.... So if the expenses were £60K, you paid £40K he paid £20K. Then any value increase in the property should be divided up as well. Say the equity was now worth £150K, then you take £100K he takes £50K. It wouldnt be right for you to benefit from house price increases and not him.

I presume you not just trying to screw him over for as much as possible - but instead trying to work out whats 'right'???

paperjam

That's right, I am trying to figure out what would be the right percentage.

I am also torn between different points of view:

My solicitor says I should not pay a penny as we are not married. And I should even dispute the fact that we were cohabiting.

I thought that my initial offer was fair.
Basically, I believe that because the flat is in my name and I have paid for most of it, he shouldn't have any rights to claim for anything. So I agree with Doozergirl that 50/50 is out of the question. And I feel like his financial and work contributions merely make up his expenses in general, i.e. rent and bills, etc. So he's basically lived off his contributions and should gladly accept my offer.
Because my solicitor feels that I have got a strong case I think I will take the risk of being taken to court. I'd rather loose a few grand in legal fees than giving it away all too easily. :think:

thanks for the info so far, will have a look at the link - ta

socks_uk

I already had my house, fully paid up with no mortgage, when I first met my husband. He regularly pays me £300 a month towards bills but doesn't give me anything towards any maintenence or improvements to the house.

In the 3 years we've been married I've saved up and paid for a new bathroom, a new ceramic floor in the kitchen and I built the decking area and patio area in the our garden with no help, financially or physically.

Our marriage is great right now but I don't have a crystal ball. If ever we split I wouldn't want to give him half of the house as he hasn't contributed to the house itself, only the day-to-day bills side of things.

Jill

Jay1b

For richer, for poorer in sickness and health.......

lush_walrus

I think in reality you really just have to question for yourself what would truely be fair. By that I mean what if the boot were on the other foot and he owned the flat what you would feel happy to accept.

I don't want to imply that you are trying to do him over in any way, just that its sometimes very hard to step back and be true about things when emotions are involved. Ask yourself whether the work to the flat would have been done had you lived there on your own? Whether your ex was sitting back and enjoying you paying for everything while you sacrificed things you would have wnated for the flat or whether he tried to contribute in other ways such as support? Would he have brought a place if you hadnt existed?

Its something you have to decide on your own, without really considering the ifs and buts of what you can afford etc. Just make sure that you do what you feel is the right thing to do, not what the solicitor feels, your ex feels or really any of us feel. You lived it so really only you will know what is really deserved either way.