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wolfbaine | 10:45 Wed 02nd Jan 2013 | Civil
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Hi all hope someone can help me
I'm asking on behalf of my stepson
He has been with his fiancé for over 5 years now
Recently it all ended . I kinda like to help him sort all this out .
So bear with me
His ex bought the house and paid the mortgage she bought him his car although she paid for it and registered it in her name she already has one .he needed his for work .ect now can someone explain to me in plain English where he stands legally????
She has left him with nothing except the clothes he's wearing she came to work and stole???? The car .he has contributed about a thousand pounds a month into the house for the last year .so what counts as gifts what does she actualy own and what does he own ?? How would he go about getting his personal belongings from the house ??? What can be counted as his ???? There is about 4 pcs of different types for eg and several TVs and the dog .it was bought as a family pet although he has always said it was his he trained it he paid all vet bills she doesn't even like it but now she wants it . Would he qualify for legal aid. As he does work but has no address of his own hes on a couch in a friends house . What is the legal ramifications on the house ??? They bought it together but it's in her name ect. Poor bloke did two tours of Iraq and one Afghanistan and ends up like this . What can I tell him to do .. He works long hours but I can let him know of I can find something out
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Paying 'X' amount a month doesn't count. He'd have to pay rent if he lived elsewhere.

He should see a solicitor to have his stuff returned.

What he did in Iraq and Afghanistan is irrelevant.
she bought the car with her money, its in her name and she came to his plce of work and "stole" it??
Ummm, I dont think you are totally correct in saying that what he paid every doesnt count, it really depends on just how much he was paying each months, either way this sound too complex to give any accurate advice on here, like ummm said, he needs a solicitor.
she didn't 'steal' the car- it belongs to her- she bought it for him to use and she paid for it- how did she 'steal' her own car???
He might be entitled to the dog ( but as he has nowhere to live that's not terribly practical) and if he paid for anything himself (TV's on hp or card etc) then he's entitled to those as well. If I were he I would keep it as amiable as possible, text her he'd like to call round for his stuff, when would be a good time etc, and take what he is entitled to and leave, then draw a line under it and start again. The house is hers if she bought it and paid the mortgage, anything he paid would be considered equivalent to rent. It's a shame when this happens, but it's really far better and easier to move swiftly on because he's on a loser to nothing here.
Wolfbaine, I think he would need absolute proof that the car was given as a gift and if there is still HP on the car then it may still belong to the finance company.
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I kinda know your all right I suppose I was just looking for some glimmer of hope for the guy . Does anyone know about what is considered a gift or has everything she bought belong to her?????
what is considered a gift is where there is proof of some kind that it was a gift...
This is complex and your relative needs to take professional advice as quickly as possible, all may not be lost, he may be protected by the matrimonial Homes act 1983 and the Family law act 1996, advise him to see a solicitor who specialises in family law as quickly as possible.
With the details provided, I think she owns the car outright. Any private re-payment for the vehicle from him to her, would need to be proved beyond a shadow of a doubt and even then may not stand up. Again with the funds that he has contributed to the home, must be proved beyond a shadow of a doubt (bank statements and notes) this would all need presenting to a solicitor. When one person, on paper, owns everything, it is very tough to seek justice for personal or private re payment but if he has a record of EVERYTHING he should seek legal assistance. CAB are always a good starting point and it is free advice. He will also be in for a long road and some people choose to cut their loses it all depends how much this means to him and how much money he claims to be out of pocket. Obviously if she sells the house, he will feel entitled to half if he put in 50% of the initial down payment and covered 50% of the mortgage and bills etc.... If he did go 50/50 and can prove it, tell him to get advice
what was he doing that added a thousand pounds per month to the house?

did he renovate or decorate or something?
if he has receipts for the stuff he did he may be able to claim something back.

if you mean in food and bills etc then he should pay bills, that doesnt mean he now owns part of the house.
Nox is right, . she owns the car it was named by her, she bought the house as well as she paid the mortage ,it only means she has the right to get it. should your step son and his Ex must talk about the tv's and the dog. They arent married, so your step son has no right for what his ex-fiancee owns.

"Dont rely on the information given without seeking professional advice"

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