Sorry only just seen this but I have been involved in a very similar thing (without a nasty ending).
Unless you signed a legal document giving her rights (which it sounds like you didn't) she has no rights under law.
However, this does not mean you should treat her as you please and kick her out etc. People can get very nasty in these situations and it sounds like you don't want that (beleive me it is not worth the potential hassle she and her mates / family can cause)
Men and women are different and where as you probably see this as a financial settlement, she will see it as an emotional one. She is not looking to recover just the costs of what she put in, but some kind of emotional compensation which is why her sum is very different to yours, and why divorces just just repay someone the amount they have financially invested.
If you can afford it, suck it up. Offer her somewhere between your two amounts and write it off under lessons learnt. If you can't afford it play the emotial card straight back and tell her why you're really sorry but you just can't do what she asks.
Sorry only just seen this but I have been involved in a very similar thing (without a nasty ending).
Unless you signed a legal document giving her rights (which it sounds like you didn't) she has no rights under law.
However, this does not mean you should treat her as you please and kick her out etc. People can get very nasty in these situations and it sounds like you don't want that (beleive me it is not worth the potential hassle she and her mates / family can cause)
Men and women are different and where as you probably see this as a financial settlement, she will see it as an emotional one. She is not looking to recover just the costs of what she put in, but some kind of emotional compensation which is why her sum is very different to yours, and why divorces just just repay someone the amount they have financially invested.
If you can afford it, suck it up. Offer her somewhere between your two amounts and write it off under lessons learnt. If you can't afford it play the emotial card straight back and tell her why you're really sorry but you just can't do what she asks.
Mortgage not in her name No bills paid in her name or jointly No binding relationship other than cohabitation Her own property she rents out for a monthly income No children or dependents to consider
If that's correct, then she has no claim whatsoever - irrespective of what anyone else may think about contributions (indirect or otherwise) to your mortgage. If you want peace of mind, just go to a solicitor and get them to confirm it, but she's taking the piss - whatever you offer her is done out of the goodness of your heart as she isn't legally entitled to a penny off you. Whatever you decide is worth paying her is exactly how much she will get.
I don't buy the bit about men and women being 'different' and her seeing the cash as an 'emotional' settlement either. She certainly didn't see her continuing to make an income from letting out her own place and not giving you a penny from that as 'emotional'. Like i said earlier - Piss-taking chancer. My best bet is she's been sat round with a load of her bitter, twisted mates who have convinced her that she is entitled to some sort of financial settlement from you.
The more information on this, the more I think she's actually entitled to absolutely nothing, legally or morally.
She's been living for next to nothing in your house whilst taking rent and paying the mortgage off on her flat.
I'd call the locksmith before the solicitor I think!
I'm with PITL on this one - I started off thinking that it it were me I'd probably help her out with some cash ,but more & more I read the more it seems she wants her cake and eat it !!
I would (seriously) ask her if she has been declaring the rent on her home & as she hasn't lived there for 3 years she nows starts being liable for any capital gains she makes on it...........she what she says
As I get older the more & more I think there are some really shitty women out there !!
Thanks mate, I've already said to her if it goes to court you could end up getting nothing but she's not budging. I've made steps to see my Dad's solicitor early next week but if you can get me any info in the meantime then that would be appreciated.
The courts tend to award money to a co-habitee only when he/she has contributed either to the purchase price of the property and/or is paying some/all of the mortgage.
Anything else - general household bills are considered a "gift" and part of the expenses of everyday life.
As the property is in your name she cannot use that, but even if it wasn't, say she gave you a sum of money to buy the house and the deeds were in your name she would qualify for a stake based on or around the percentage she stumped up.
In this case I doubt that you had an express/written agreement as to what would happen if the relationship broke down so it's down to the discretion of the courts and who has the best legal team.
There are some legal authorities which suggest that if the co-habitee has not contributed to the purchase price in any way then it's tough (google Lloyds Bank v Rossett if you want more details).
However if there's an implied agreement eg something informal then it's possible that she could claim something.
However...the courts look at these cases and decide them on their merits and could go either way. Sorry I appreciate that is not helpful so it depends on your lawyer, the judge and the circumstances. As every case differs and the circumstances are never identical there is no clear body of precedent.
Your offer of £2k is reasonable if she hasn't contributed anything to the purchase price of the house/mortgage, given though that she is not asking for that much more why not make one last stab at a negotiated settlement? You could easily blow several £k in legal fees (each) and negate any gain whatsoever. If she stalls then recommend to her that she sees a lawyer - and let her burden herself with the expense.
Havnt read all of the comments here,but after 2 divorces consider myself a bit of an 'expert'... Good advice to get your free consultation with solicitor to determine your rights - make sure you write down the pertinent points - or even record the session on your phone. Then dump any solicitors - dump them dump them, they'll only cost you lots of money for doing eff all. Go to Citizens advice to confirm your rights. Have you thought of going to Relate (not to get back together) but to act as a 'broker' in this? - you will probably find her stance will lighten with a thrid party involved. Essentially, you want to get it done with as little aggro as poss, else you will only start seething and ending up maybe with solicitors bills. And try to make sure she doesnt get solicitors involved too. Good luck mate.
Well I think you are being really mean. You should give me her what I am she is asking for, plus a goodwill bonus so I can go shag myself silly on holiday she can try to rebuild her shattered life.
Comments
Unless you signed a legal document giving her rights (which it sounds like you didn't) she has no rights under law.
However, this does not mean you should treat her as you please and kick her out etc. People can get very nasty in these situations and it sounds like you don't want that (beleive me it is not worth the potential hassle she and her mates / family can cause)
Men and women are different and where as you probably see this as a financial settlement, she will see it as an emotional one. She is not looking to recover just the costs of what she put in, but some kind of emotional compensation which is why her sum is very different to yours, and why divorces just just repay someone the amount they have financially invested.
If you can afford it, suck it up. Offer her somewhere between your two amounts and write it off under lessons learnt. If you can't afford it play the emotial card straight back and tell her why you're really sorry but you just can't do what she asks.
Mortgage not in her name
No bills paid in her name or jointly
No binding relationship other than cohabitation
Her own property she rents out for a monthly income
No children or dependents to consider
If that's correct, then she has no claim whatsoever - irrespective of what anyone else may think about contributions (indirect or otherwise) to your mortgage. If you want peace of mind, just go to a solicitor and get them to confirm it, but she's taking the piss - whatever you offer her is done out of the goodness of your heart as she isn't legally entitled to a penny off you. Whatever you decide is worth paying her is exactly how much she will get.
I don't buy the bit about men and women being 'different' and her seeing the cash as an 'emotional' settlement either. She certainly didn't see her continuing to make an income from letting out her own place and not giving you a penny from that as 'emotional'. Like i said earlier - Piss-taking chancer. My best bet is she's been sat round with a load of her bitter, twisted mates who have convinced her that she is entitled to some sort of financial settlement from you.
I'm with PITL on this one - I started off thinking that it it were me I'd probably help her out with some cash ,but more & more I read the more it seems she wants her cake and eat it !!
I would (seriously) ask her if she has been declaring the rent on her home & as she hasn't lived there for 3 years she nows starts being liable for any capital gains she makes on it...........she what she says
As I get older the more & more I think there are some really shitty women out there !!
is her name on any bills in the house
Thanks mate, I've already said to her if it goes to court you could end up getting nothing but she's not budging. I've made steps to see my Dad's solicitor early next week but if you can get me any info in the meantime then that would be appreciated.
The courts tend to award money to a co-habitee only when he/she has contributed either to the purchase price of the property and/or is paying some/all of the mortgage.
Anything else - general household bills are considered a "gift" and part of the expenses of everyday life.
As the property is in your name she cannot use that, but even if it wasn't, say she gave you a sum of money to buy the house and the deeds were in your name she would qualify for a stake based on or around the percentage she stumped up.
In this case I doubt that you had an express/written agreement as to what would happen if the relationship broke down so it's down to the discretion of the courts and who has the best legal team.
There are some legal authorities which suggest that if the co-habitee has not contributed to the purchase price in any way then it's tough (google Lloyds Bank v Rossett if you want more details).
However if there's an implied agreement eg something informal then it's possible that she could claim something.
However...the courts look at these cases and decide them on their merits and could go either way. Sorry I appreciate that is not helpful so it depends on your lawyer, the judge and the circumstances. As every case differs and the circumstances are never identical there is no clear body of precedent.
Your offer of £2k is reasonable if she hasn't contributed anything to the purchase price of the house/mortgage, given though that she is not asking for that much more why not make one last stab at a negotiated settlement? You could easily blow several £k in legal fees (each) and negate any gain whatsoever. If she stalls then recommend to her that she sees a lawyer - and let her burden herself with the expense.
Good advice to get your free consultation with solicitor to determine your rights - make sure you write down the pertinent points - or even record the session on your phone.
Then dump any solicitors - dump them dump them, they'll only cost you lots of money for doing eff all.
Go to Citizens advice to confirm your rights.
Have you thought of going to Relate (not to get back together) but to act as a 'broker' in this? - you will probably find her stance will lighten with a thrid party involved.
Essentially, you want to get it done with as little aggro as poss, else you will only start seething and ending up maybe with solicitors bills. And try to make sure she doesnt get solicitors involved too.
Good luck mate.
meher whatI amshe is asking for, plus a goodwill bonus soI can go shag myself silly on holidayshe can try to rebuild her shattered life.Anyone know of any Solicitor(s) willing to take on Lewisham Council in a "Private" case ?