Long Term Partner left me... beneficial interest? Please Help, Long Sorry:(

[Startingagain88]

My long term partner of 15 years recently left for OW, i am devastated and am struggling to cope with the whole situation, i am not currently working but have savings in my name.

My parents left me some money with which i purchased a flat in London, i put down 50% deposit, Ex was named on this mortgage as i couldn't get one on my own (this was 2002) we sold the property 3 years later and made approx £20,000 profit, i then purchased a flat in Kent in cash using the proceeds for the flat , in my sole name.... subsequently i purchased another two flats in Kent, using some of my savings and mortgage loans (all in my name), they have since been sold not much profit was made approx £20,000. Which i used to purchase my current house...along with savings which i had made from my work...

My partner has not worked for approximately five years...he has been doing DIY on the properties, while i have been earning a good wage through my own ltd company and paying for all bills mortgage, his car loan, credit card etc, although my dividends went into a joint account wih him, i can demonstrate that this income came from my work and not his.

He has done some work on our current property, but has left it in 'half done' state with an unfinished loft conversion etc.....which will cost me approx £2-4,000 to get completed.

Ive had estate agents to view the property and understand that there is approx £40,000 equity in the property (excluding the £30,000 which i put down as a deposit).... he has made comments about him being entitled to something from the property if i choose to sell it....my solicitor is being very vague and tells me that he could have a claim but it would be hard for him to prove, but could cost £20,000 each in solicitors fees......

He lived off me for five years scott free and did nothing to bring money in, even the properties which we sold which he did work on yielded very little profit, our lifestyle was funded by my income......for the last 12 years i have earnt twice his income or more while he was working

As we were going to get married and have a family i gave up work approx 9 months ago to stay at home at his request, he started a business fitting kitchens etc....he made very little money and his income was heavily subidsed by my savings to the tune of approx £25,000.

I have evidence for all of the above....does he have a claim against me, can he prove it to be upheld in court?, i couldn't sleep last night because of this and im really angry that someone who i gave money too, loved supported and cared for is now trying to come back for more.......help!

[mirry2]

So he was similar to a sahm? Think about it.

[Collaborate]

He would have to show the existence of a constructive trust. If you can spare the time, read the judgment of Jones v Kernott in the Supreme Court last year:

www.supremecourt.gov.uk/docs/UKSC_2010_0130_Judgment.pdf

Very lengthy, but it contains information about how such claims are formed. Basically he would have to prove that you promised him a stake in any of the properties and in return he had acted to his (financial) detriment.

[Startingagain88]

Mirry, he did 'keep the house' cooked etc and did DIY, but we are not married and dont have any children..........

Collaborate, He was completely aware that the house was not his asset it was mine, i always said to him that if we get married half will be yours but until then the house is mine, as my inheritance from my parents funded a lot of this i was very protective of that and he knew it!

What type of things could he use to say that i promised him a stake (even though i didnt?!?!)

[Startingagain88]

I was thinking of offering him an amount of money to sign a declaration that he would not make a claim against the property, i think he would be agreeable to this....any advice? How would this affect my position at a later date?

[TripleRock]

Improvement works that he did to the property could be taken into account, especially if they increased its value.

Many factors are taken into account, not just financial imput. Each case is decided on the individual facts.

You promised him a future stake in the property which could be relevant.

[Collaborate]

No - she made it clear that he didn't have a stake in the property but at a given point in the future she might gift half to him. That categorically does not constitute a promise that if he did something to his detriment he would thereby acquire an interest in the property.

OP don't make him an offer. You'll only encourage him to think he has an actual claim, and nothing you've posted tells me that he does.

[Collaborate]

Read the Kernott judgment. It's not too long.

[only4tonight]

Starting you forgot to mention you funded the start up costs for his business, buying the van, car, equipment, tools, doing accounts, drawing plans, doing sales admin etc. You need to look at this as the whole picture not just one aspect. I suspect he can claim a little of the house profit but you could claim on the business too they are both assets.

[cestlavielife]

is his name on the curent property or only in our sole name?

look up TOLATA
or TLATA

www.rcsolicitors.co.uk/chiltern-family-law/living-together/guides/land.htm

[cestlavielife]

in your sole name i mean

[cestlavielife]

if you saying that the current house/mortgage is in your sole name then up to him to prove beneficial interest.
dont do anything dont offer him anything.

[Startingagain88]

His 'business' is not much...ie a van and some tools!! The property is in my sole name.........i'm so worried about this i just dont know what to do..........

[Collaborate]

He's left. Chill. You don't need to do anything.

[RoxyRobin]

I really didn't mean to muscle in on this thread, Starting, but I see from his profile that Collaborate is actually a divorce solicitor. You're getting excellent advice from him for free. Please be reassured by his advice. He's telling you to do what so many have recommended - nothing!

I know you can't help worrying (I'm a worrier myself) but allow yourself to be guided by him.

[Startingagain88]

Thank you for your wonderful, advice, particularly Collaborate...

So the consensus is to do nothing and see what he does? What about the initial property which we bought together?....over ten years ago now....could he harp back to that?

For some reason i have got it into my head that he could really screw me over here and take half of what i have worked for and my parents wanted me to have...... hes bullying me really........hes got his van and car and his business....more than what he had at the beginning...

He knows that i am isolated and i dont really have anyone to fall back on...thats why im so frightened of losing everything :(

[Collaborate]

The fact that he allowed you to take all of the proceeds of sale of that property was evidence of the fact that he wasn't beneficially interested in it.

Relax.....................and breathe deeply.

[only4tonight]

Collaborate you are brilliant and very kind for giving out free advice.

[Startingagain88]

Collaborate, thank you so much for your advice, it is really helping me see things more clearly.........

Does the fact that i haven't been working for the last months make any difference? I have been transferring money from my savings into our joint account to over bills etc as his income has not been enough.....

Also the mortgage payments on all of the properties have come from our joint current account although i can prove that the money has come from my work and not from him (IYKWIM), does the joint account thing make a difference?

[Startingagain88]

Sorry one other thing!!...He was the secretary and a shareholder in my Ltd company (he isnt any longer), this is where my salary for the last five years came from......ie could he say that as a 50% shareholder in the company 50% of my salary belongs to him?

[Collaborate]

Doesn't really make a difference.

[Startingagain88]

So his claim would be based purely on intention? Ie he would need to prove that it was my intention to give him a share....if he cant prove this then he has no claim?

[Collaborate]

The court will give effect to an agreement between you, or a common intention if one can be inferred or imputed. You never had either and agreement or common intention, and so the claim stops there. He would also have to show that he had relied to his detriment on the basis of the agreement or intention.

The bill's in the post.

[Startingagain88]

Collaborate.......God, you don't know how much your help is calming my worries, I've been driving myself mad with this!! This has been the major reason for my stress and panic attacks over the last few weeks......that not only has he buggered off...he could come back for more money!

I'm so glad you took the time to answer my plea for help, my solicitor is really sitting on the fence and not giving me that much clear advice...just saying that he could possibly make a claim and no one knows what the result of that would be....!!! Not helpful at all......

Thank you so very much , if you dont mind (you might want to stay anonymous!) perhaps you can PM your details, and if he does try anything at a later date, I could get you on the case instead on my current solictor who is not that hot!! :)

[Collaborate]

Sent

[sneezecakesmum]

Starting. Being unmarried is in your favour here. The start point is what you own in your name - you keep! If your exP has not contributed to your business in a meaningful way, he cant get anything there either!

You are in a very strong position as collaborate says, so luckily you dont have to deal with the added stress of property, just get your life back on track with peace of mind.

My BIL (also not married to exP) was told by her (new bf in the frame) to leave his house (jointly owned), on xmas eve, sign it over to her in exchange for his clothes and bugger off! There was equity of around £100K. With his solicitors support, advice from MN legal, and DH and my support, he's accepted a £40K buyout, has got a lovely new lady who owns her house outright and they are getting married! He was going to walk away with nothing before I started asking advice on MN so you can rest easy