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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34276
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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I am the sole owner of a property - I have moved out & rent

Customer Question

I am the sole owner of a property - I have moved out & rent elsewhere. My ex is in the property (has 40% equity stake through declaration of trust). The house is going through sale - contracts about to exchange - my ex has decided she is going to refuse to vacate - I am going through a court order at present to obtain 'order of sale'.My ex runs a business from the house (piano lessons) - this is against the terms of the lease (leasehold property). I wish to close this business as it is causing untold problems with the sale. My question is simply how do I go about closing this business from being operated in my house & how do I ensure this is enforced?Adam Yates
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information first.How long has she been running this business and how is it preventing the sale?
Customer: replied 1 year ago.
Running since we originally moved into the house 4 years ago.My ex is refusing to leave the property on the grounds that she runs her business from there - which is against the lease. As the dispute escalates this will have to declared to the potential buyer. There are also around customers per week coming & going from property.
Expert:  Clare replied 1 year ago.
Have the neighbours complained?
Customer: replied 1 year ago.
No
Expert:  Clare replied 1 year ago.
In that case it is unlikely that the court would grant you an injunction since you have been aware of the situation for four years and have taken no steps to stop it before now.It will be seen as simply you trying to harass your ex which could backfire badlyYou will not have to report this dispute as it is not relevant to the sale once the Order for sale is granted.I am sorry not to give you better news - please ask if you need further details
Expert:  Clare replied 1 year ago.
Do you realise that the site charges extra for a phone call?
Customer: replied 1 year ago.
Hi, I am in the process of issuing order for sale to court - my question is how quickly can this be fast tracked - my ex will be disputing equity although there is a declaration of trust in place (which she was advised upon). Happy to speak on phone or by email providing I know the charge. Adam.
Expert:  Clare replied 1 year ago.
On what basis will she try and contest the equity split?
Customer: replied 1 year ago.
When I left the house I & my ex agreed that she would pay the mortgage & has paid the repayment mortgage for 16 months & is claiming the capital reduction (around £16k) although she has 40% equity as per DOT & so 40% of capital reduction was in her favour anyway. (This was subsidised by Tracey subletting some of the house, & claiming significant 'single parent' benefits.I would rather sell & not contest anything, although the equity I have put into the property is 70% not 60%. At the time of the DOT I made a goodwill gesture to increase her portion - I was not advised, it was her who brought about the DOT & she was advised.In truth the 70% claim is just a counter claim - & I believe there should be no dispute.Whatever anyone thinks my ex-is simply refusing to give up vacant possession & so I am prepared to do anything I can to pursue 'order of sale' but timescale is my problem as contracts are due to exchange in 2 weeks approx.Thanks! Adam.
Expert:  Clare replied 1 year ago.
Is the child also your child?
Customer: replied 1 year ago.
No - there are two children in the house - my ex is called Tracey (we have never been married) & has her 14 year old son Christian, living in the house. We have a foster child, Shane, whom I care for at weekends, Shane also lives in the house.
Expert:  Clare replied 1 year ago.
Will the foster child be remaining with you both after the sale?
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Foster son will continue to live with Tracey, the plan is that I will continue to have him a couple of days/nights per week.
Expert:  Clare replied 1 year ago.
Will she have enough to purchase an alternative property?