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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2538
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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MadamI'm writing to seek some legal advice on

Resolved Question:

Dear sir/madam
I'm writing to seek some legal advice on the financial settlement between myself and my ex partner.
He owes me 4,600 but has refused to pay this untill our jointly owned flat is sold. He has written an email stating his 'intentions' to pay the sum 'on or after' the completion of the sale.
However, having spoken to conveyoncers I haven't been reassured and many have stated that it is out of the sale process and we ought to settle the matter elsewhere.
Please advise. Thank you.
Yumma ************
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
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Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Just a bit more information to fully answer your question:-Are you/were you married to each other?-Do you have any children together, if so their ages and arrangements
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2538
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi,No we were not married and we don't have any children together.
Expert:  Harris replied 1 year ago.
Thank you for confirming.The conveyancers are correct in stating that they cannot guarantee that you will be paid the debt from the proceeds of sale. In the absence oif a formal agreement or deed of trust outlining that you are to receive the debt from the proceeds, the conveyancers can only release the proceeds to both of you in the share that the title is held in - so if it is in equal shares the conveyancers will release 50% to you and 50% to him. It will then be for him to repay the debt that is owed. In the even that he does not pay the money owed, you will need to proceed to court for a money claim - this can be done online here: https://www.moneyclaim.gov.uk/web/mcol/welcomeBased on the email that you have received from him, a court is likely to find that he should be liable to repay you the debt.
Customer: replied 1 year ago.
The conveyancers said that at the time we are required to produce an agreement about the sale proceeds I can instruct that the amount of 4,600 is owed to me is deducted and at that point if we can't reach an agreement we will effect the sale. So that puts me in a good position to get the money that is owed?
Expert:  Harris replied 1 year ago.
Yes - and you have the email outlining his intention to support a court application if necessary
Customer: replied 1 year ago.
Is the wording of the letter sufficient enough or should it be re written with more definite?
Customer: replied 1 year ago.
I have more questions but need to go to an appointment. When will it be a better time to do this?
Expert:  Harris replied 1 year ago.
Thanks - it would be best if this is signed and counter-signed by a witness. Where were you married as this makes reference to a dowry?
Customer: replied 1 year ago.
He never wanted to get it registered, we were only 'married' religiously and together for three weeks in UK as I was nursing a collar bone injury and found out his intention for being with me was money. Who would be best to appoint to counter sign the letter?
Expert:  Harris replied 1 year ago.
Was the religious marriage in the UK or elsewhere?Any third party who is independent can be a witness
Customer: replied 1 year ago.
The marriage was in Uk.
Is it ok for him to state that he 'intends' to repay me 'on or after completion'?
Also what shall I do if he refuses to sign in front of a witness?
Expert:  Harris replied 1 year ago.
Thanks - that should be ok to repay after completion as at that time you will know that he has the funds to repay you. If he refuses to sign in front of a witness then this will be difficult for you, but you can request the witness provides a statement if you have to take the matter to small claims court.
Customer: replied 1 year ago.
Does the witness need to see him sign the letter? Or will it suffice for the witness to sign the letter in my posession (once signed and posted by him)?
Expert:  Harris replied 1 year ago.
The witness will need to see him sign the letter

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