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Ask Harris Your Own Question

Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1767
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I jointly owned a house with my ex partner. we agreed a fee

Customer Question

i jointly owned a house with my ex partner. we agreed a fee for her to buy me out but when the transfer of equity document came through it was less than agreed. My ex partner was to pay the remainder within a year which she never did. My name is ***** ***** the mortgage (although i am no longer paying it) and the deeds to the house. After 2 years of being apart can I still claim my half of the house, as my ex has not paid the agreed settlement sum to me?
Many thanks
Bill
Submitted: 4 months ago.
Category: Family Law
Expert:  Harris replied 4 months ago.

Hi, thank you for your question. Are you in England or Wales?

Customer: replied 4 months ago.
Hi, I'm in England.
Expert:  Harris replied 4 months ago.

Thank you. Are you/ were you married to each other? How much was the agreement to buy her share and how much did she pay you?

Customer: replied 4 months ago.
sorry I'm at work so cannot talk on the phone. I would prefer email correspondence.
Expert:  Harris replied 4 months ago.

Thanks, ***** ***** continue by this email correspondence

Customer: replied 4 months ago.
Hi, No we were not married, but lived as partners for 10 years. She agreed to pay £35,000 but only paid £30,000. She was extremely mentally abusive, so much so that I wasn't even able to have the property valued independently, hence the amount was very very low.
Expert:  Harris replied 4 months ago.

Thank you for confirming. Given that she has breached the agreement you would have grounds to pursue an application to court regarding her not abiding by the agreement. However, you should be aware that if you instruct solicitors and it is a contested application the costs will likely surpass £5000 and it will be for the court to decide whether she is liable for your legal costs.

In the circumstances I would suggest that you initially write a formal letter to her outlining the original agreement and requesting for the full amount to be settled by a reasonable date, and if it is not you should inform her that you will proceed to court (if it is the route you wish to take).

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

Expert:  Harris replied 4 months ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

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