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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33316
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 wonder if you could answer my questions and if I can make

Customer Question

Hello,
I wonder if you could answer my questions and if I can make a claim against my partner.
Living with partner for 4 yrs, both put money in from sale of our properties.
I put in £312.500. She £90000. Outstanding mortgage £62000
Sold house for £603000. I paid mortgage, she paid for utilities.
I wont 340k she takes 190k but wont's more or refusing to release the money by not signing to release funds so I will loose property that I am buying.
She is taking the majority of the profit. Can I go for 50/50 split on profit of sale plus what I put in, I have proof of what was put in by both of us.
Can I force her to sign the papers to release the funds?
Can I get 50/50 split + what I put in?
She refuses to go to mediation.
Kind Regards
Stavros Socratous
07958 709710 ***@******.***
Submitted: 1 month ago.
Category: Family Law
Expert:  Clare replied 1 month ago.

Thank you for your question

My name is Clare

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

Please confirm that you are not married to each other

What was the agreement made at the time of the purchase?

Customer: replied 1 month ago.
Not married,No agreement made, unfortunately but assumed that I would take out what I put in and she the same. Have proof of this and she agrees to this, sofar.......
Expert:  Clare replied 1 month ago.

So what does she think shoudl happen with the rest of the equity?

Are there any children involved?

Customer: replied 1 month ago.
No children.She suggests that she should have the majority because of what she gave up to come and live with me, ie sold her house and left her child with her ex husband
Customer: replied 1 month ago.
What do you suggest??
Expert:  Clare replied 1 month ago.

Has the sale actually completed?

Customer: replied 1 month ago.
We are in the process. Halfway at present, but threatening.
Expert:  Clare replied 1 month ago.

has she asked for a specific figure?

Customer: replied 1 month ago.
She wonts £195000 but that is to much. I offered her £192000 but she will not accept and will refuses to sign the papers to release the money when we exchange next month. If this is the case can I take her to court to claim 50% of the profit plus what I put in?
Expert:  Clare replied 1 month ago.

So you are arguing over £3000

Customer: replied 1 month ago.
she is refusing to release the money and will start asking for more. What can I do?
Customer: replied 1 month ago.
Also I need this amount to cover the property I am buying as I am at my max for mortgage loan and cannot find the the additional £3k
Customer: replied 1 month ago.
Can I take her to court as i need this resolved asap as it is getting very close to exchanging now
Expert:  Clare replied 1 month ago.

You do realise that a court applictaion will take many months to process?

Customer: replied 1 month ago.
I'm not too concerned about the time as I will go for a larger portion of the profit if she refuses.
All I need to know is can I force her to release the funds by sending a letter from a solicitor out lining the above details and what she will loose if it goes to court over the £3k I'm after.
I don not wont court so maybe a letter would prevent this.
Would I be able to do this and as we are not married, have no children and I can prove what funds we both put in would this be in my favor?
Customer: replied 1 month ago.
Do you have an answer?
Expert:  Clare replied 1 month ago.

I am sorry but if you take the matter to court you have a chance of her actually receiving a larger amount rather than a smaller amount since there is no Declaration of Trust which means that on the face of it the division of the equity should be a straight 50/50 split.

You will of course be fighting for the arrangement whereby you are each repaid the amount that you originally paid with the balance split between you

There is nothing to be lost by writing a letter - it is to be hoped that it will work.

If not then you can apply for an Order setting out how the proceeds will be divided between you using the Trusts of Land and Appointment of Trustees Act

More details here

http://www.slatergordon.co.uk/media/2347003/land-disputes-a-guide-to-procedure.pdf

Please ask if you need further details

Customer: replied 1 month ago.
I will receive back what I put in and she the same and we split the equity, profit 50/50. Is that correct?
Expert:  Clare replied 1 month ago.

That is a possible outcome - provided you prove that it was the agreement that you made between you at the time

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