House access

[NOCAB]

Hi, I have been living with my partner for the past 12 years and we recently had a bad argument. I came back home and she had changed the locks.On paper the house is hers, but I do pay for many things, including holidays, a loan for a second joint mortgage that we have together, groceries, plus I have done a lot of work in the house redoing bathrooms, the kitchen, pay for her car services, car tyres etc the list goes on and on..

All of my belongings are in the house as well, including valuable items, my passport, watches worth a lot of money, TVs, stereos etc etc.

Also all of my post is still there and my driving license, passport etc are all registered there

Do I have a right to access the house and stay until legally we can split things in a reasonable fashion, and do I have any rights as I am effectively a tenant or maybe more as we have been together for such a long time. All bills are in her name but as mentioned I have paid for a lot of other things for us by way of my contributions, plus am looking after our dog who is elderly and who has diabetes. I currently have the dog and she doesn't seem to care, but the dog is a joint responsibility and I need some me time as well, so not sure what to do. I won't let the dog down which again actually belongs to her but has been neglected by her according to an official comment made by the RSPCA when I reported the amount of time - (over 14 hours a day alone) she was being left for with maybe some 10 min visits at lunch time by a paid dog sitter!. RSPCA state no more than 4 hours alone is acceptable and that's for a healthy dog!!

Any help and advise would be much appreciated. I am currently staying in hotels and can't afford to carry on like this.

Also I have paid for new furniture recently, beds wardrobes etc and paid towards new flooring, garden furniture, plants in the garden, plus there is furniture there from my parents etc etc so I can prove I have contributed towards the house and house maintenance.

What can I do and what are my legal rights, as I am tired of everything seeming to be about her and do I have any actual rights to the house itself given the amount of input I have made over the past 12 years?

[Peridot]

Hi Robert,

Sorry to hear about your difficult situation. As the property is in your partners name as are all the bills it is legally theirs, unless you can show that there is some sort of trust in place. I appreciate that you have been paying bills and contributing to the mortgage but this doesn't in itself give you any rights irrespective of the amount of time you have been together.

Has your partner ever indicated that they intended for you to own part of the property? Are you able to evidence the sums that you have paid for major works to be carried out at the house? You mention that there is a joint mortgage. When this was taken out was an interest that you had in the property discussed?

As far as your personal items are concerned you are entitled to these. Your partner must keep them safe and arrangements for collection need to be agreed. Have you written to her requesting the items yet? I would suggest writing a list of all items and asking to agree a date and time for collection.

The fact you have lived there and paid bills even if it was for larger items does not in itself give you any rights I'm afraid. Did you undertake any building works yourself?

You will need to obtain some face to face advice about any possible rights you have over the property. It would be necessary to show that your partner made a promise that you would receive a share share of the property and as a result of that you have acted to your detriment. I appreciate this will be difficult while your paperwork remains at the property so it would be sensible to write a timeline of things that have been done by you at the property and how the 2nd mortgage was obtained before any appointment so you can discuss what, if any options you have.

[NOCAB]

Hi Robert,

Sorry to hear about your difficult situation. As the property is in your partners name as are all the bills it is legally theirs, unless you can show that there is some sort of trust in place. I appreciate that you have been paying bills and contributing to the mortgage but this doesn't in itself give you any rights irrespective of the amount of time you have been together.

Has your partner ever indicated that they intended for you to own part of the property? Are you able to evidence the sums that you have paid for major works to be carried out at the house? You mention that there is a joint mortgage. When this was taken out was an interest that you had in the property discussed?

As far as your personal items are concerned you are entitled to these. Your partner must keep them safe and arrangements for collection need to be agreed. Have you written to her requesting the items yet? I would suggest writing a list of all items and asking to agree a date and time for collection.

The fact you have lived there and paid bills even if it was for larger items does not in itself give you any rights I'm afraid. Did you undertake any building works yourself?

You will need to obtain some face to face advice about any possible rights you have over the property. It would be necessary to show that your partner made a promise that you would receive a share share of the property and as a result of that you have acted to your detriment. I appreciate this will be difficult while your paperwork remains at the property so it would be sensible to write a timeline of things that have been done by you at the property and how the 2nd mortgage was obtained before any appointment so you can discuss what, if any options you have.

Hi, thanks, I think I do need to speak to someone as I do believe I have some rights just not sure what they are. If necessary I could track back over the years and prove that I have contributed to payments for items in the house etc and yes I did building work myself, i.e. bathroom and kitchen, plus built the garden shed, paved the front yard, dug out tonnes of earth etc etc so done a lot

Re second mortgage yes this is shared. We bought the house together and again I did the building work with other builders on the basis that the profit which would be split was my effective contribution for rent. Nothing in writing sadly but this was the understanding otherwise why would I be living 'rent free' ?

I guess I need too speak to someone that specialise in this area, any ideas?

It's a nightmare and most of all so sad because I still really want to be with her

Thanks

[Peridot]

Hi again,
The fact you carried out building works yourself may be helpful to any potential claim however you have indicated that you carried out the works in return for a rent free period which does not imply that your partner indicated you would receive a share of the property. Get some face to face advice to be certain but don't focus on the fact you have been there for 12 years holding any sway I'm afraid.
If you really want to be with them it may be better focussing on what you can do or say to build the bridges rather than trying to make a claim at this stage? Just a thought and of course up to you.

[NOCAB]

Just enquires at this stage I am still hopeful, but can't afford to live this way.

Think you misunderstood re rent free bit.

We bought another house and it was agreed that as I was doing all of the work there with builders (4 months full time) and the fact that there would be some profit when it was sod, this would be seen as a my contribution i.e. my time, plus any work I did at her house, plus paying towards things, like wall paper, wall tiles, floor tiles garden furniture etc etc etc etc, plus I always pay for holidays etc and so the list goes on

[Peridot]

Write a timeline and evidence work/payments before you seek legal advice and they can explain the options for you. Hopefully the two of you can find a way forward.

[NOCAB]

Write a timeline and evidence work/payments before you seek legal advice and they can explain the options for you. Hopefully the two of you can find a way forward.

out of interest do you know how to edit my username on here?

[Amethyst]

What would you like to change it to?

[2222]

What would you like to change it to?

I suspect he doesn't care, just not his real name!

[NOCAB]

What would you like to change it to?

NOCAB if that's ok

PS do you know how to find out the full content of a declaration of trust

[Amethyst]

Done Welcome NOCAB xxx

One you have previously signed ?

Have you checked the land registry regarding this second mortgage - are you registered as owner ?

[NOCAB]

Done Welcome NOCAB xxx

One you have previously signed ?

Have you checked the land registry regarding this second mortgage - are you registered as owner ?

There is a 'declaration of trust' in place and just trying to find out how I get hold of that as can't remember the solicitor that wrote it up but it is mentioned and worded as such on the land registry.

B: Proprietorship Register
This register specifies the class of title and identifies the owner. It contains any entries that affect the right of disposal.
Title absolute

1. 
   1 (13.09.2010) PROPRIETOR: Females name of then the property address
2. 
   2 (13.09.2010) The price stated to have been paid on 20 August 2010 was blah blah blah
3. 
   3 (13.09.2010) RESTRICTION: No disposition by the proprietors of the registered estate is to be registered unless one or more of them makes a statutory declaration or statement of truth, or their conveyancer gives a certificate, that the disposition is in accordance with the declaration of trust dated 20 August 2010 and made between X (1) and Y (me) (2) or some variation thereof referred to in the declaration, statement or certificate.

[Amethyst]

The land registry would be first port of call - get a copy of the documents which should have been, by the sounds of it, signed off by the solicitors - once you have that restriction/charge document you can then contact the relevant solicitors for a copy if they hold one.

[Peridot]

Hi again Nocab,
If there is a declaration of trust in place then you may have a beneficial interest and proving a constructive or other trust may be unnecessary. Can you not recall what was agreed between the two of you when the deed was entered into?

[NOCAB]

Hi again Nocab,
If there is a declaration of trust in place then you may have a beneficial interest and proving a constructive or other trust may be unnecessary. Can you not recall what was agreed between the two of you when the deed was entered into?

I think you are getting confused. The 'declaration of trust' is on the second property that we purchased between us, not the house we lived in. From memory it was agreed that any money borrowed to develop the property taken from our own savings would be paid back first then the profits would be split 50/50, but that is in relation to the second house. I did work at her house as well so feel she has effectively gained from me being there and as a result I have an investment in her property. The trust that was there between us was that I did the work on the first house during its development (as mentioned over 4 months) which would be my contribution to the rent, so effectively my time paid for my rent.