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(, Sun 1 Apr 2001, 1:00)
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he MIGHT have.
it will depend how formal they were about it being "rent" and whether she was careful to accept his money into the house as a gift, loan or rent.
if not, he might be able to argue that it was a resulting or constructive trust, with the intention that he was to gain a beneficial interest (ie some share in the financial value). absolute worst case nightmare scenario would be 50%, although i do think a court would be more likely to find he gets his investment back plus whatever it might now be worth if the property has gone up in value.
did she own it before he moved in? or were they together when she bought it?
this will totally turn on its own facts. the court will look at how the payments were made and the evidence as to the understanding that it was rent rather than him paying into a house in which he had an interest. i would say her best bet is to see a solicitor to write him a serious BACK OFF BUDDY letter now.
(, Thu 20 Oct 2011, 10:22, 2 replies, latest was 14 years ago)
(, Thu 20 Oct 2011, 10:24, Reply)
Is it just being hungover that makes you occasionally a bit thick?
(, Thu 20 Oct 2011, 10:25, Reply)
He lived there for nearly four years and they have a child together so it was definitely always in his interests to improve the house for his own good as well as hers, and she asked him to leave rather than him walking out.
It sounds mental to me, but this is exactly why I'm asking your opinion.
(, Thu 20 Oct 2011, 10:25, Reply)
as rory says, he isn't going to issue proceedings over a pot of paint, but he might be doing it to hassle her.
she should see a lawyer before paying him a penny. if nothing else, he will keep coming back for more!
whereabouts does she live? my old firm in uxbridge would be v reasonable on fees?
or i have had this outfit on the other side if she lives near you, the guy i know here is great. i could easily call him for an intro for you:
www.birketts.co.uk/
(, Thu 20 Oct 2011, 10:29, Reply)
Thank you for the advice and for the recommendations :-)
(, Thu 20 Oct 2011, 10:32, Reply)
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