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Co-habiting and separation when only one party owns the property (England)

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  • Co-habiting and separation when only one party owns the property (England)

    I have a good friend in London who's going through a tough time separating from his (soon to be) ex of ten years. They had some kind of agreement drawn up - after he moved into the house she owns - that set out a plan if their relationship failed several years down the tracks, which it unfortunately has.

    In that decade - notwithstanding his expected domestic contributions - he has systematically paid off her credit card balance each month and has, inter alia, paid for £80k worth of building extension to the house. He has a complete paper trail of everything he has contributed to and there is a figure that he reckons he is due by way of settlement. He wants the ex to keep the house but she is now contradicting his extra financial input into both the relationship and the property. He is willing to accept £xxxK less than what he reckons he is due (assuming they kept out m'learned friends) but the ex is denying him even this and has become hysterical and is now refusing to address the situation.

    A few months ago, around the start of the break-up, a friend of hers came to stay one night and has never left. The ex has now asked that my friend vacate the house each night before she comes home from work and he is beginning to wonder if she is thinking about getting another friend/workmate to move in so that she can manage the mortgage without my friend's contribution.

    I'm one of his few sounding-boards on this one-sided acrimonious separation and though I know he is seeking counsel I wondered if anyone here has any experience or could offer any input as to what the options are, for either of them. They are both in their late '50s and it is doubtful the ex will be able to re-mortgage. My friend is moving into a new quite soon, without the ex knowing about that just yet.
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  • #2
    Re: Co-habiting and separation when only one party owns the property (England)

    You could argue constructive trusts - the fact that your friend contributed to enhancing the value of the house may well grant him a constructive trust. You'll need to speak with a lawyer about that really, as it's not something that is suitable for a forum.

    Unless, of course, the agreement to which you refer is a Declaration of Trust.

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