Mortgage advice please!

smicer07 · 12-04-2007, 16:05

Hi guys, I'm writing this on behalf of my housemate. It's a bit of a long one but I'll try to shorten it as much as possible.

Basically, he lived in a house with his ex girlfriend (never married), but they split up 3 years ago. She was NEVER on the mortgage at all, so basically she lived in the house and both of them paid towards paying the mortgage off, as well as buying things for the house. They ended up splitting up when he found out she was sleeping with someone else, and he kicked her out. She then found a new partner. My housemate and his ex have a child together, whom he still sees and pays maintenance etc for.

3 years on. Last night she phoned him, saying that she's spoken to a solicitor, and she wants all of the money that she paid into paying off his mortgage back, not only that, but at the current rate, not the rate she paid back then. She has debt issues and is also looking at getting on the property ladder, which is basically why she needs the money.

I don't believe she is entitled to any money whatsoever as she was never on the mortgage and while paying half the rent she was in fact living here too.

My housemate is worrying, can anyone advise? He's already got an appointment to see a solicitor next week. She claims her solicitor has advised her she is entitled to half of the house, and is threatening court action.

Thanks , Simon.

skyblueheroes · 12-04-2007, 16:08

If she isn't on the mortgage then I don't see she is entitled to half the value of the house. But, I'm no solicitor, so best he sees an expert and make sure its a good one !

Sounds like she's trying to blag it though.

peanut · 12-04-2007, 16:11

So does that mean everyone who's shared a house in the past or let out a room, those tenants can now claim all their money back, which means anyone could effectively live rent free.

I don't think she's got any chance what-so-ever but I ain't a solicitor either.

smicer07 · 12-04-2007, 16:13

I agree, I don't think she has, just interested in other people's views

superbiatch · 12-04-2007, 16:14

If she can prove she has been paying towards the rent - i.e. a standing order into your friends account which is solely for bills, then maybe she might have a 'small' entitlement to something. I really don't think any solicitor would take her complaint seriously, it seems like a threat to me.

I've been through something similar and the worst being he might have to pay her off equivilent to what she's put into the house. I'm sure it wouldn't amount to much though.

I'm no legal expert, but it seems some common sense is required here. I wouldn't give in to her threat out of principal

TheDaddy · 12-04-2007, 16:20

Quote:

Originally Posted by smicer07

Hi guys, I'm writing this on behalf of my housemate. It's a bit of a long one but I'll try to shorten it as much as possible.

Thanks , Simon.

I think she is entitled to something as she contributed towards the bills and up keep as his partner, a friend of mine was in a similar situation, she had to pay her ex partner of, it came to a few grand and fortunately for her it didn't even get to the court

danielf · 12-04-2007, 16:22

Quote:

Originally Posted by smicer07

Hi guys, I'm writing this on behalf of my housemate.

Are you sure of that?

smicer07 · 12-04-2007, 16:23

She was paying 350 a month towards rent whilst living in the house, but that was over 3 years ago!

---------- Post added at 16:23 ---------- Previous post was at 16:22 ----------

Quote:

Originally Posted by danielf

Are you sure of that?

Yeah, I promise! Knew someone would say that

**Chris** · 12-04-2007, 16:24

Quote:

Originally Posted by danielf

Are you sure of that?

My thoughts exactly. There are a couple of changes to the story but that might be just to throw us off the scent. Are you sure this isn't 'The Saga of Smicer's House, Part 4'?

smicer07 · 12-04-2007, 16:26

Oi!

Paul · 12-04-2007, 16:32

If she can show she has contriuted towards the house then she is entitled.

smicer07 · 12-04-2007, 16:36

Really? Even though she isn't on the mortgage and that was over 3 years ago?!

TheDaddy · 12-04-2007, 16:39

Quote:

Originally Posted by smicer07

Really? Even though she isn't on the mortgage and that was over 3 years ago?!

Yep that's what happened to my friend, admittedly it wasn't three years but it was still quite a long time, you should tell him to seek legal advice, the first hour is usually free with a solicitor, just remember to tell him to keep an eye on the clock

smicer07 · 12-04-2007, 16:41

Yeah he's going next week. What a bummer.

**Chris** · 12-04-2007, 16:46

Quote:

Originally Posted by smicer07

Oi!

In all seriousness, she may have a claim to the share of the value of the house that she invested in by helping to pay the mortgage. That would be limited to what she contributed though. She can't claim half the entire house simply for paying some of the mortgage for a short period. However she will have to have been living there, and contributing, for a certain minimum time for this to have effect.

I don't remember the details, although I do know it came up as a consideration in a certain thread from a year or so ago, so maybe you have some notes you could refer to?

It strikes me that the amount she could get back could be wiped out by the cost of claiming. If your friend makes things difficult for her it may prove not to be worth her while to pursue it.