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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I am entitled to claim devaluation of property as my property

Customer Question

I am entitled to claim devaluation of property as my property is blighted by the construction of a new road close by. The County Council have offered 10% of the property value, I have acceded their offer. However, the Council are now with-holding payment. In my divorce 2006 the property was placed and registered at Land Registry in my sole name. My ex wife was awarded a 27% charge on the equity in the property Providing she survives me by 28 days or should the property be sold, I am not dead and the property is not being sold. The council are now claiming that the charge constitutes a mortgage and under the terms of mortgage my ex wife is entitled. My ex wife has no financial interest in the property other than the terms of the Consent Order. My attorney now tells me that the Council may have a case. If I wish to take to case further I must take it to Land Tribunal? I am retired and on basic state pension. If I take this case to tribunal it could wipe out the total amount of the compensation and I could end up owing my ex wife 27% of the compensation. What should I do
Submitted: 3 years ago.
Category: Law
Expert:  ExperiencedLawyer replied 3 years ago.
Hello,

My name is XXXXX XXXXX I can probably help you with your question. First I need to ask for some more information.

1. Have you had any contact with your ex-wife about this, or do you worry that she would then immediately try to insist on the 27%? for her?

2. In your question above, you refer to a 47-27% split? Is that a typo (really meaning 73%/27% split), or have I misunderstood the beneficial ownership?

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