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Beneficial interest with no contributions

  • Cantbelieveit
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1 year 2 weeks ago #509603 by Cantbelieveit
Beneficial interest with no contributions was created by Cantbelieveit
Hi,
Can you claim a beneficial interest in a property if you have lived with a partner but never actually paid any contributions towards the deposit, mortgage or bills?
If you can, what sort of percentage would you be likely to receive?

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  • LittleMrMike
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1 year 1 week ago #509698 by LittleMrMike
Replied by LittleMrMike on topic Re:Beneficial interest with no contributions
I see nobody has replied so I will try but to be honest, it's not an easy question to answer.

You mention the word ' partner ' so I assume you are [url=Resources/Library/Cohabitation-and-Separation_s33_m1852.html ]not married[/url].

If I am right, then, your issue with your partner is governed by property law, not divorce law.

To answer your question, yes, I suppose it's possible. If for example your partner was a handyman who had used his skills to improve the property and increase its value, then that could and probably would, be taken into account.

But frankly I doubt whether you can establish a financial interest merely on the basis that you looked after him for x years.

My recommendation is, first find yourself a property lawyer who offers 15 minutes or so free legal advice - and see if he agrees with me.

Secondly don't be too reliant on the opinion of
a long retired landlord and tenant specialist and one in poor health at that.

I personally don't fancy your chances but it's the kind of situation where a free 15 minute consultation might be all you need.

LMM

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1 year 1 week ago #509700 by Cantbelieveit
Replied by Cantbelieveit on topic Re:Beneficial interest with no contributions
Hi,
Thanks for the reply.
Sorry, I haven't been clear.
My ex girlfriend is threatening me with court claiming beneficial interest on my property.
As she has never paid a penny towards anything I was wondering if she has any case?
All she ever paid was 2000 towards the solicitors fees (2016), which I refunded a year later (2017), with proof via bank transfer, when we split up. We reconciled following this and have recently split for good.
She is claiming beneficial interest, claiming that she acted to her detriment but I don't think she has a case as she has never contributed financially towards anything, including substantial maintenance.
I'm just starting to worry about costs as my solicitor is now going to contact a barrister for advice.

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  • LittleMrMike
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1 year 6 days ago #509726 by LittleMrMike
Replied by LittleMrMike on topic Re:Beneficial interest with no contributions
As I have said - my own opinion, for what it's worth, is that your ex girlfriend will have difficulties in establishing entitlement to a share in the property.

To succeed in that, she would have to show some financial contribution and just living in the property is unlikely to suffice - in my opinion. After all she has the benefit of occupation and she derives a financial benefit from that.

Has she been helping with the rent/ mortgage, for example ?

I am not a divorce lawyer and never was; but I am aware that this is an area where the law is in a state of flux and I don't blame your lawyer if he wants an opinion from someone who does this kind of thing all the time.

It is probably a sensible step for him to take.

But, as I say, my opinion is that your ex's case is weak and, on the facts you have given me, is unlikely to succeed. She has to show a definite financial contribution.

LMM

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  • Cantbelieveit
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1 year 6 days ago #509727 by Cantbelieveit
Replied by Cantbelieveit on topic Re:Beneficial interest with no contributions
Thanks a lot for the reply, I really appreciate it.
My solicitor has forwarded my case to a barrister for advice. I'll just have to keep my fingers crossed.

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11 months 4 weeks ago #509803 by Cantbelieveit
Replied by Cantbelieveit on topic Re:Beneficial interest with no contributions
Hi, I have a quick update and was wondering if any one can offer any opinions?
I have now received a letter from the conveyancing solicitor when I bought my property.
My original mortgage deeds were included with the letter and my ex has signed them saying that she has no financial interest in the property because she wasn't contributing to the deposit or mortgage. This has been witnessed and signed by two solicitors.
So, with her not contributing and also this letter, do you think that she will still be able go to court e.g. will this letter be legally binding?
My barrister has had this information from my solicitor, but I have been waiting for over a week now and I'm starting to worry that this may still not be enough.
She is apparently being represented on a no win no fee basis and has nothing to lose, but surely her solicitors won't be prepared to risk their money and represent her in court with this evidence in my favour?

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  • Buster007
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11 months 4 weeks ago #509804 by Buster007
Replied by Buster007 on topic Re:Beneficial interest with no contributions
I had a similar letter from my STBX solicitor saying she was relinquish financial interest in the property we own, I pushed for and answer as to what this meant from her solicitor with no answer, is it a clever trick?

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