Question
In 1995 Edgar inherited a property 'The Shambles' from his brother. Three years later, he sold it for 120,000 and used the proceeds towards the
In 1995 Edgar inherited a property 'The Shambles' from his brother. Three years later, he sold it for £120,000 and used the proceeds towards the purchase of 'Hanging gardens', a large residential house with a florist's shop attached. He took out a mortgage secured over 'Hanging Gardens' for £300,000. The property was registered at the Land Registry in his sole name. Edgar moved in with his long term girlfriend Angelica. Angelica paid the legal costs, stamp duty land tax and land registration fees, together with the removal firm's costs. She also purchased new carpets and curtains for the property. When they moved in, the couple spent many evenings discussing plans for their home and the florist shop. Initially, Edgar and Angelica shared all the household expenses. After a few months, Angelica resigned from her full-time job to work in the florist's shop. She did not receive any pay for the first 10 months to enable the business to become established. During this time she was supported by Edgar's income and he paid the household expenses. In 2002, Angelica gave birth to the couple's child, Kelly. Edgar employed a sales assistant in the shop to enable Angelica to be a full-time mother. Angelica did the housework, decorating and shopping and cared for Kelly. In 2004, Angelica used the proceeds of sale of her car to pay for a new central heating boiler and additional radiators at 'Hanging Gardens'. Edgar left 'Hanging Gardens' two months ago after an argument. Last week, Angelica received a letter from Edgar's solicitor advising her that Edgar intended to sell his freehold property, Hanging Gardens, and that she should find alternative accommodation. Angelica is very upset. She has always believed 'Hanging Gardens' was jointly owned property. TASK: Advise Angelica as to whether she has any legal or equitable interest in the property. Would it make any difference to Angelica's claim to an interest in property in LAND LAW if Angelica and Edgar had married in 1998? [you are NOT required to advise on divorce or judicial separation]
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Based on the information provided it seems that Angelica may have a potential claim to a beneficial interest in the property Hanging Gardens under the ...Get Instant Access to Expert-Tailored Solutions
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