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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Im trying to represent myself over obtaining my £20k deposit

Resolved Question:

Im trying to represent myself over obtaining my £20k deposit back from an x partner from 6.5 years ago(we have mortgage together still).Even though i have e-mails saying she will `try and pay me back`, she has negated on her word (no deed of trust). I have attended first hearing,been told about its only 50/50 equity in the property that is now available.(£15,570 each). CCMC booked for 22/04/14.I have asked her solicitor for a breakdown re fees (4.5k)which i haven`t received, yet im continually informed that mt share is going down. I have said i would now settle for £16,200.
Please can you let me know how much this situation would cost me for telephone advice as i am very confident in my beliefs however need to know a realistic ending. Many thanks Dave.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
Is the house held in joint names?
Are there any children involved?
Clare
Customer: replied 3 years ago.

house is worth £150,000,(i have got 2 estate agents to confirm), not surveyor as yet.

mortgage is interest only and is £114,000

We have no children together. She has 2 aged ,approx 23 and 25.

I have a daughter, 16 that resides with me twice per week.

Expert:  Clare replied 3 years ago.
Hi
What Court application have you made?
Clare
Customer: replied 3 years ago.

Just been appointed to multi-track by District Judge Watson at Bristol County Court

Expert:  Clare replied 3 years ago.
Hi Dave
What was the type of claim you actually made?
Clare
Customer: replied 3 years ago.

Basically asking for my initial deposit back and solicitor costs as she would remain in the property and I left immediatly

Expert:  Clare replied 3 years ago.
Hi
have you made a claim under the Trusts of Lane and Appointment of Trustees Act?
Clare
Customer: replied 3 years ago.

no. I`ve never heard of that statement so presume not. I will google it now though as ive just finished work

Expert:  Clare replied 3 years ago.
Hi
So you just sued her for the £20,000?
Clare
Customer: replied 3 years ago.

not sure of terminology, however i`m just trying to claim back what i rightfully invested into the property as she had no deposit. i`ve got all info/ bank details when money went out. Also up until Oct13, i have e-mails saying she would give me £17k back, I asked about the rest , she ignored response ,so i felt i had no other option as to go through the court so i could move on .

Expert:  Clare replied 3 years ago.
Hi
What offer has the solicitor made?
Clare
Customer: replied 3 years ago.

breakdown - £150k value

mortgage is £114k

equity is £36k

fees £4.5k

=£15,750 each.

I have asked several times re breakdown of £4.5k as a couple of estate agents quoted £3.6k. Solicitor then saying i`m paying her costs now (i think saying i`m going to `lose` )-Kind of trying to tempt me to take offer and run.

Question?-- is an oral contract recognised in law (legal and binding)?

Expert:  Clare replied 3 years ago.
Hi
I am afraid that you have made the wrong application
As a joint owner of the property the application that you should have made was for an Order for the sale of the Property and the division of the equity between you.
As a joint owner of the property the starting point for division of the equity is 50/50 - unless there is a Declaration of Trust stating otherwise.
When assessing the equity allowance has to be made for the costs of sale - which include Estate Agents costs and Solicitors sale costs - likely to be in the region of £400 plus VAT
This means that you are currently arguing over £250 in a case which could be thrown out AND lead to an order for costs against you
This also assumes that she can obtain your release from the mortgage
I am sorry - I know this is not the news that you wanted - but it is a realistic assessment of the position that you are in
Please ask if you need further details
Clare
Customer: replied 3 years ago.

I really appreciate your time and effort in replying to me. I have come to the situation where if someone i trusted and agreed a plan of action re the property could then fight me over what is legally mine-- where would she stop !! The worse thing is that we work at different ends of a childrens home looking after children with learning difficulties and my trust and respect has been destroyed. Is the best plan for me now just to simply walk away with what ever is offered? or is there any leeway from the Judge as i`ve done this alone?

Expert:  Clare replied 3 years ago.
Hi
You have already achieved what you wanted to achieve.
You are going to be released from the mortgage and receive your half of the equity (all bar £250) - this is an excellent result and you have done well
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Please would it be possible to have some more advice.

Re the above case, a figure has been agreed and i have received a consent order. Would it be possible if i scan and copy it to you that you could see if the terminology / wording is accurate please?

If this is possible, can you forward me an e-mail address.

Many thanks, ***** *****

Expert:  Clare replied 3 years ago.
Hi
Yes I am happy to do this - I will ask customer services to contact you with details of how to manage it
Clare
Customer: replied 3 years ago.

Hello Clare,

Im just checking if you have had any joy regarding my last query as i have not heard anything as yet and would like to keep the situation moving .

Many thanks ,Dave.

Customer: replied 3 years ago.

Please could you provide an e-mail address for me to send the necessary documentation to or notify me that this isn`t a service you can provide . Thanks.Dave.

Expert:  Clare replied 3 years ago.
Hi
I am sorry - they should have contacted you by now - I will chase it up - unless you can scan it in and add it to the thread
Clare
Customer: replied 3 years ago.
Expert:  Clare replied 3 years ago.
Hi
Excellent - and yes the wording is fine
Clare
Customer: replied 3 years ago.

Thank you for your response. Just need to ensure its all above board. Im not sure of whats next so unsure if i need any other answers,

Thank you, Dave.

Expert:  Clare replied 3 years ago.
Hi
No worries - just ask when you need to
Clare
Clare and other Family Law Specialists are ready to help you

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