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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34263
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 have a Tenancy in Common property in England; registered

Resolved Question:

I have a Tenancy in Common for a property in England; registered with Land Registry April 1995
The other TiC has refused to sell.
The other TiC has a son reached the age of 21 in October 1997 and married, I believe, in September1999.
To the best of my knowledge they have remained in the property.The other TiC has had the benefit of the equivalent of rent, in kind or in cash or both, since September 1999 until present July 2016. This is around 16+ years.As TiC have I any rights or dues to have receive a percentage (less allowance put towards property maintenance) of a reasonable monthly rent?
The son and his family are living in property part owned by me and hence I feel I should benefit from that.Thank you
David
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further informtaion first

Is there any reason why you have not yet forced the sale?

Customer: replied 1 year ago.
Hello Clare, Good to have you back again.
Yes, I looked into it, but during the course of negations my, then, current solicitor advised it could be very expensive if I decided on Court action for forced sale of the property and recommended negation. I was not in a position to consider Court action.
Following is a summary of events (if it helps):I put a deposit on the house in June 1983 and collected keys on Aug 1983. I made the mortgage in joints names of myself and my partner, although we were both married to others at the time.
I was working overseas with 2-week home leave every 4 months.
In Dec 1991 my partner took my clothes to my mother's.
In June 1992 my partner demanded I remove the remainder of my effects before November 1992 (albeit I was overseas) as deposited in the garage, - That was arranged.
About June 1993 I asked for the property be sold.
In July 1993 I was asked to accept a delay in the sale until my partner's son had completed full time education.
Given the course of my own education, I put great faith in education and hence agreed.
In August 1994 I was requested to extend delay of sale "for one more year" = July 1995.
On 31st October 1994 my partner's son was 18 yrs old
December 1994 my advanced mortgage payment credit was finally diminished.
In April 1995 my then solicitors issued a declaration of Tenant in Common and also filed with the Land Registry.
On 1st October 1996, my solicitors asked for the property to be sold.
On 23rd March 1997, I asked my solicitors to expedite the property to be sold.
In June 1999 I sent a letter to my partner asking for the property to be sold.
I believe my partner's son married in September 1999 wrote to my partner
2nd August my second solicitor wrote to my partner for agreement to sale.
In August 1999 my partner wanted more than 50% of the property; I replied with rejection.
On 14th October 1999 I resent a letter of 22 September (PO said uncollected) re. sale of the property and total rejection of change in 50 / 50% split
At some time in this era, my second solicitor advised it could be very expensive if I decided on Court action for forced sale of the property and recommended negation.
31st October 1999 my partner's son reached the age of 21 years
In January 2000 I noted a registration of a daughter - Speculation that from the son's marriage, but a fair assessment.
In March 2001 I again requested sale of the property.
In May 2002 I again requested sale of the property.
In 2010 I approach new solicitors (who have the additional problem of my working overseas) with a letter of 1st October 2012 to my partner's solicitors which, according to my paper trail has remained unanswered,
I hope all that helps
Kind regards
David
I "lived" with my partner from July 1982 to Feb 1991 = 8.6 years but due to overseas working we were actually ‘together’ about 26 month or just over two years.
From July 1982 until February 1991 I paid all household bills plus 'housekeeping' to my partner and allowance to her son, plus mortgage payments from July 1983 until December 1994 and, off course, furnishing of the property.
Kind regards
David
Expert:  Clare replied 1 year ago.

Are you now willing to commit to court action?

Customer: replied 1 year ago.
If it can be reasonably expected that I will get 50% of the net sale of the property (= sale price less 50% of [agents fee (if any) and associated sale solicitors fee] but excluding any other government fees or costs that have been introduced from or before 1st November 1994 when my partner's son reached 18yrs or completion of full time education whichever was the sooner.If the above is a reasonable good assumption, I (stupidly maybe) would like to give my ex-partner, or her son, a final opportunity to buy me out.I am presently in China!
Kind regards
David
Expert:  Clare replied 1 year ago.

Has she paid for any structural alteration or improvements to the property?

Customer: replied 1 year ago.
Up until July 1995 (assumed son finished full time education and no further reason not to sell the property) the answer is "not to my knowledge".
My partner was in fulltime employment during and after our 'somewhat single sided' association.During home leave periods (including a year unemployed and living off my savings)
I completely: -
Removed part wall between kitchen & out-house – Aug 87
Installed complete new kitchen – cabinets & tops, sink unit, washing machine
Bought prefab garage and installed - Mar 84
Installed full width built-in wardrobe in main bedroom
Removed chimney breast in dining area
Insulated the roof space.
Completed rewire of property (two floors + roof + garage), approved by electricity board.
My partner had new windows installed at the front of the house (without discussion) – I repaid her the outlayAny further improvements (other than upkeep of the property as would be expected prior to sale) I would have thought to be entirely at her own risk knowing full well the property should be sold.Hope that helps.
Thank you for your time
David
Expert:  Clare replied 1 year ago.

In that case there is no reason why you should not receive your full 50%!

Customer: replied 1 year ago.
Thank you ClareI will put my papers together and request my solicitor to review the situation and move forward.
I do very much appreciate your advice. This has been a cloud over me for too long.For additional closure; how do I stand on this part of the question:
"As TiC have I any rights or dues to have receive a percentage (less allowance put towards property maintenance) of a reasonable monthly rent?
The son and his family are living in property part owned by me and hence I feel I should benefit from that."Thank you
kind regards
David
Customer: replied 1 year ago.
The 'rent' part is as much for leverage as an actual requirement.
David
Expert:  Clare replied 1 year ago.

Technically yes you can claim.

I would include it in the claim but make it an area for negotiation

Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you very much again Ms Clare.
You have, again, been extremely helpful and given me the confidence to move ahead.
Sincerely
David
Expert:  Clare replied 1 year ago.

You are most welcome - good luck