beneficial interest

[a_r]

hi for beneficial interest in a property.can i only claim my contribution to the mortgage or can i claim my contribution to the hosehold,which isfar greater.

[emma_t]

Hi a_r and welcome to the forum.

I am sorry but I don't know the answer to your question, but I am sure someone will be along to answer soon.

Lots of the experts are at the frugal friends meeting tonight but I am sure you will get an answer soon
Emma x

[MelanieGiles]

Hi there

I am not sure that I understand your question. But for the purposes of the calculation of income and expenditure, you need to include everything that you pay towards the household and not just the contribution to the mortgage.

[rosie1965]

hi melanie trustee for my estranged husband br statesthat occassional mortgage payment and a contribution to the general household bills is not sufficenrt to have a beneficial intrest in the property.he then states something called occupational rent.he estimtes rental income would have been £84,000. and therefore as my mortgage payments do not exceed £42,000 i have in interest in the property and therefore am i not entitled to any monies. is that correct pls. andie

[Adam Davies]

Hi Rosie1965
I'm sure that Melanie or Ian will reply soon however I would strongly suggest that you take proper legal advice on this matter.Many solicitors offer a free initial consultation
Regards

[rosie1965]

is benefical interest due to morgage contribution or household contribution.anyone?

[MelanieGiles]

Hi Rosie

I fear that your Trustee probably is right if your contributions were only minimal towards the mortgage and upkeep of the property. But this is an area of the law which can only be interpreted correctly by an appropriately qualified and experienced lawyer, and by examination of the history and extent of your payments.

If you can tell me what area of the country you live in, perhaps I can recommend a lawyer to you to consult.

[rosie1965]

i live in slough. the mortgage payments were minimal but i paid the gas/elect/water/life insurance.child care/iva payments/iva fees/ his car payments/house insuranc etc etc.

[MelanieGiles]

I am afraid those payments will not be included in any beneficial interest calculation.

If you need a good lawyer I can recommend the following lawyer - just hope he doesn't mind his picture being put on the forum! Christopher is also a licensed insolvency practitioner so sees things from both angles:-

http://www.boyesturner.com/person.html?id=4

Hope this helps, but do expect to have to pay legal fees if you intend to challenge your husband's Trustee's decision.