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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34494
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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OK, she has filed the part 8 form after the last letter i

Resolved Question:

OK,she has filed the part 8 form after the last letter i received from her lawyer as i expectedBasically her last offer £340,000 (we bought it for 310000 + 20/30000 on usual costs) etc etc is what she used on the paperwork.I have 2 estate agents saying its value is 375/380,000.My question is more on the court procedure.Do i need to prove anything? what needs to be proved?i have 2 estate agents that say the flat is worth 375000 and 380000, with recent sales to back that upshe says living together has become untenable - is that even relevant....?3 and 4 on her letter - shes asking them to order a sale at her valuation to her? and for me to move out?
Submitted: 1 month ago.
Category: Family Law
Expert:  Clare replied 1 month ago.

What is your position on the loan?

Customer: replied 1 month ago.
doesn't really matter i would prefer to pay back as i am. if i have to i'll take it from once the flat is sold
Customer: replied 1 month ago.
I was not asked to pay that back but said i would of my own decision. my performance would be to resolve that once i have relocated
Customer: replied 1 month ago.
Regarding the court - the only decision that has to be made is re selling the flat which should be straight forward. whoever purchases it needs to pay the other their percent at current value - which is clearly more than £340000.The living together has become untenable other stuff would not play a part?
Expert:  Clare replied 30 days ago.

So you accept that you owe her the money.

You agree that the flat should be sold and you also acknowledge the Declaration of Trust - is that all true?

Customer: replied 30 days ago.
The declaration of trust fine 35/65
The flat being sold is fine - At current market price. not the 340,000.
The money owed, i said i would pay it back @250 month. i'd like that to stay the same if possible. (at least till i sort where i move to)
Expert:  Clare replied 30 days ago.

Remind me how much the loan is for?

Customer: replied 30 days ago.
There is 8750 or there abouts
Expert:  Clare replied 30 days ago.

If you are willing to accept that this has to be repaid then you should obtain three written valuation of the property and send them to her solicitors with an open letter saying that you do agree to the sale of the property with a sale price of the middle of the valuations, and that if they take the matter to court you will produce the letter and ask for an Order for costs against them

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Customer: replied 28 days ago.
Thanks, ***** ***** two already will get a third asap.when is the latest i can send the reply in relation to the court date
Expert:  Clare replied 28 days ago.

In the end you can take them with you to the hearing if need be