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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33293
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi, my girlfriend and myself have split up, when she left

Customer Question

Hi,

my girlfriend and myself have split up, when she left our home she took our car with her, on saturday she traded the car in a bought a new one, this one she put in her name, we had an agrement when she left that she would keep the car and i would have the house, she has been gone from the property for 18 months now and not making any payments towards the mortgage, on friday i asked her to put something in writing stating this before i signed over the car,sent me an email stating this but it wasn't signed, i printed these off and got her to sign them saturday afternoon before the purchase of the car was carried out, she is now claiming i blackmailed her into signing this, how would i stand if she was to take this further?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

Did she say she had gone to the police?
Customer: replied 3 years ago.


no not gone to police, this started because i asked her to sign a third copy.

Expert:  Jo C. replied 3 years ago.
Yes, of court it is. This is the usual allegation of abuse in order to gain attention or escape responsibility.

She means forced her to sign it anyway not blackmail. Blackmail is an offence that has no relevance here on the facts you present.

Forcing a person to sign a document is no offence so the police will not have the remotest interest in this nonsense.

The only impact it could have is that she could try to argue that the document is void because she signed it under duress. To make out duress she is going to have to show that there was literally a threat upon her life and clearly there was not.

In any event, you could rely on the email.

I wouldn't worry about this. The law has not go so far in favour of irresponsible childish women like her that she is allowed to escape all responsibility and liability.

Just move on from this and find yourself an ethical girlfriend who doesn't make allegations of abuse every time events turn against her. There's plenty of honest women about.

Can I clarify anything else for you?

Jo
Customer: replied 3 years ago.

all i said was i wouldnt sign over the car ,this was because she didnt sign the signiture the same on both copies so i asked for the third copy to be signed, i said i wouldnt sign over the car unless she did no threats were used against her personally, i was hoping if i gave her what she wants things would get better and our situation would change, but following this and your comments seems i'm better out of her way.


 


Thank you

Expert:  Jo C. replied 3 years ago.
You certainly are better way out of it.

She won't be able to escape liability by pretending that you placed pressure on her. Actually your request was a reasonable one.

Expert:  Clare replied 3 years ago.
Hi
The major concern is that I am afraid that the letter she has signed is unlikely to be binding with regard to the transfer of the property into your sole name whatever the "blackmail" position (an I agree it wasnt)
Claire
Customer: replied 3 years ago.
Hi Claire, do you think she will stil be able to make a claim on the property, the email below is what she has sent and we both signed.


I, Susan Janet Gay, hereby relinquish any share of the following property: 46 Lewis Road, Welling, Kent, DA16 1SD.

Signed: S J Gay




I, Mark Antony Frost, hereby release Susan Janet Gay from any issues or debts, including repossession, for the following property: 46 Lewis Road, Welling, Kent, DA16 1SD.

Signed: M A Frost
Expert:  Clare replied 3 years ago.
Hi
I am sorry but there is no guarantee that this will be enforceable - and given what she has already said I suspect that you will face considerable problems in trying to do so.
The only way that either of you can force a change of ownership is by applying for an Order for the sale of the house and then the court will decide what should happen to the equity
Claire
Customer: replied 3 years ago.

That is not so good, I have stitched myself up then, will the court look at all the details when the house was purchased I put down a lot of money to buy the place and traded my car in to buy the last one, now she has a new one and put in her name I suppose I have to write all this off, is there really nothing I can do to try and make this stick, I was advised by Jo yesterday that I could rely on the email .
Expert:  Clare replied 3 years ago.
Hi
Not necessarily
How much is the house worth and how much is outstanding on the mortgage?
How was the purchase funded and did you protect your investment with a Declaration of Trust?
How much is/was the car worth?
Claire
Customer: replied 3 years ago.

Hi, Claire,
The house is worth about 180,000 when we bought it we paid, 186,000, I put down about £21,000 from an endownment policy I had, sue sold her car and put down £ 4000 , and started using my car this was all fine but then she wanted a new car, at this point I asked if we could wait until the house was finished as she wasn't contributing much towards the work we was doing on the house, anyway I gave in and we bought a new car for. £18 000 , £8000 I was given trade in for mine and the rest we took a loan out for which we paid 50/50 the only time this changed is when she would leave and move back in with her mum, at which time I was left with all the bills food the house and she would pay for the car, she has now been gone for a year and a half now, and refuses to pay anything towards the house even her life insurance if she is not living there, since her leaving I have bought a new new boiler, new roof to the extension and fitted new French doors and windows to the kitchen, she finished the last couple of payments on the car and has now traded it in for £7000 and bought a new one for £19000, I feel stupid now
Expert:  Clare replied 3 years ago.
Hi
How much is outstanding on the mortgage and how much has the work that you have done enhanced the value?
Claire
Customer: replied 3 years ago.

The full amount is still outstanding it was purchased on an interest onl mortgage, the works haven't made any difference due to the drop in house prices.

Mark
Expert:  Clare replied 3 years ago.
Hi
How much is the full amount and are there any penalties involved?
How much would the price have dropped if you had not done the works?
Claire

Customer: replied 3 years ago.

Hi
The mortgage on the property is 168,000 the work is not yet all complete so the loss or gain in value is only down to the ressesion we are in, there are no penalties involved .
Expert:  Clare replied 3 years ago.
Hi
Are you able to get your ex released from the mortgage?
Claire

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