Beneficial Intrest - co habitaing

Hi,

I am looking for some advice as to whether I should proceed with issue....
I separated from my partner 2 months ago after being in a relationship for over 13yrs.
I sold my property to move to his address, living there for at least 11yrs. He had a number of financial issues which resulted in a CCJ.
Due to this I was never put on the mortgage and the implications it would have on my credit rating.
A number of improvements were made to the property and I paid half of the mortgage whilst I resided there.
When we separated he changed the locks and refused to let me have any belongings, with him threatening to call the police if returned to the address, there has been a history of emotional and physical abuse towards me.
I just wanted to know whether it worth pursuing a beneficial interest claim through a solicitor or the courts due to the length of time I was in the property??

So I gather then that you were and are not married.

Playing devil's advocate, it's arguable that, if you lived there, you
should be paying something towards the costs.

For my part I would not be too optimistic, but if you can find a solicitor who might be willing to give you 20 minutes or so free legal advice, it would at least confirm my pessimistic view or otherwise.

LMM

I suggest that if you are able to prove the purchase of items then your being permanently denied them would constitute theft.

On the property side, however, things don't look favourable if you were not married.

Quote:
"I sold my property to move to his address, living there for at least 11yrs."

What happened to the money from the sale of your home?

I think what you are suggesting is making a TOLATA claim from your cohabitation. I agree with LMM in that based on the information you have given, all you did was pay half the mortgage and your ex will probably say that was for the benefit of living in his home.

Now, if you used a lump sum from your home sale of say £100k to then reduce his mortgage, then yes, your case would carry more weight. Or if the money was used to extend the home and add two further bedrooms and a double garage maybe??

My understanding of TOLATA claims is that they are very different from the way married couples assets are divided. It's worth noting the following;

1. They tend to focus on the past facts and not consider your needs and fairness.
2. You need clear and specific details to show what the intentions of the property were and to show that you have a beneficial interest in the home.
3. I think TOLATA claims are subject to costs orders. So if you lose you pay the other sides costs.

So you would need a very strong evidence based case to even consider pursuing this through the Courts. Again I agree with LMM in that you should discuss the matter with a solicitor who is competent in dealing with TOLATA cases.

Good Luck!