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History: Home UK Divorce Forum
what am I due (6 Posts)
Started By:
27 April, 2017 11:41AM
what am I due
cary - 27 April, 2017 11:41AM
I lived with girlfriend for 18 years Have lived apart for over a year. I am still paying half the mortgage even though my name not on mortgage deeds. What can I claim for? No children involved, but Iam 52 years old and cannot now get on the property ladder with no savings - nothing. Surely I am due something out of the house that I helped restore and maintain? Surely the law can help. I dont want half the house, just a reasonable sum to get me on the property ladder.
Re: what am I due
cary - 27 April, 2017 11:43AM
We were not married, and the house was put in her name even though we chose it together. No one else is involved, and we have no children
Re: what am I due
Andyk - 27 April, 2017 12:54PM
On the face of it, nothing. If you are not married and the house is in her name (I assume you mean that she owns it in her own right rather than you owning it jointly) then it is her house. You might be able to fight for some of it if you can prove that you actually contributed to the Mortgage but I believe that would rely on you being able to prove that was what you were actually paying and that it was not just merely for sharing of expenses.
Re: what am I due
Bubblegum - 27 April, 2017 01:39PM
Is the mortgage in her sole name?
Who paid the deposit?
Are your mortgage payments clearly identifiable as to the purpose of the payments/ were they made directly to the lender?
You may have a potential TOLATA claim if you can show that you have a beneficial interest in the property.

I know nothing about TOLATA but do think you will need some expert help from a specialist solicitor if you intend to make a claim.
Re: what am I due
HatMan - 28 April, 2017 07:26AM
To coin and paraphrase the words of Paul Daniels 'not a lot'

Why on earth did you not get your name on the mortgage etc ?

Anyway - good luck.
Re: what am I due
davidterry - 29 April, 2017 02:10PM
You need to see a solicitor who deals with this type of dispute as soon as possible. It seems to me that because of the length of the relationship, the fact that you have been paying half the mortgage and the house was chosen together you may well have a claim to a share of the beneficial interest in the property. There may be other reasons why this is so too. However, the house is in her sole name so the longer you leave this the more precarious your position becomes. See a solicitor as soon as possible.
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