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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33283
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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Am in a Divorce Financial Settlement Court Case primarily

Customer Question

Am in a Divorce Financial Settlement Court Case primarily based upon division of properties.02.09.16 : Final hearing for Divorce Financial Settlement . The Judge made a partial decision, requesting the respective barristers to submit in writing for the 27.09.16 their final submissions for review and another hearing in October.20.09.16 : It was revealed that the joint family home that I have a 50% interest share, ( on market for £450,000) was placed on the market with 2 x estate agents 14 days before the final hearing and The Applicant did not disclose this matter during the hearing. I had agreed in principle in previous hearings that a sale of this property was agreeable as part of the negotiations.
I am self representing with a direct access barrister who has highlighted this issue to the Judge in his final submission and added it further to the non-disclosure issues that The Applicant is engaging with.The case is still open and no final orders have been made.I do not live in the property anymore , ( left 4 yrs ago) but did pay 50% of the mortgage for 5 years plus I financed the full purchase price of it. So I have a financial investment of approx £60,000 +.1. I am a little disturbed that The Applicant did not disclose this matter at the final hearing.
2. I am a little disturbed that 2 x Estate Agents have advised on the phone that “ the owners” have moved on and they appear to think that the woman in the property at the moment is the co-owner.Advice:
3. Should I write to the Agents informing them of my legal ownership , the fact that this property is still in a court case and request that when a final sale is accepted, that I be notified? I don’t want to impede sale opportunities. I simply want them to be aware of the situation and that I wish to be informed of actions that may implicate myself legally. Eg: when a Final Sale is agreed as there are Capital Gains Tax implications for myself that are currently under negiotation in court.
4. Surely these Agents have professional obligations to be aware of who the legal owners are and have professional/legal obligations to communicate to the respective parties?
5. I don’t know what these are , but I would like to know - can these be outlined to me?
6. Would this be considered a significant non-disclosure issue that would do The Applicant no favours at the next hearing?
Submitted: 1 month ago.
Category: Family Law
Expert:  Clare replied 1 month ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you

Yes it would be a good idea to write to the agents confirming the legal position

They shoudl have double checked the ownership - but it is often overlooked until solicitors are involved

It is certainly behaviour that the Judge will frown on - but is unlikely to influence the end result

Please ask if you need further details

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