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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33316
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I need a solicitor in property law

Customer Question

I need a solicitor in property law
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
y name is Clare and I will do my best to help you but I need some further information first.
What is it that you would like to know?
Clare
Customer: replied 3 years ago.

Did you not get my email stating my question

Expert:  Clare replied 3 years ago.
HI
No I am afraid not
Clare
Customer: replied 3 years ago.

Hello Clare


 


My query was, my sister and i purchased a property valued at £92000 she put £46000 down and i mortgaged the rest, now my sister wants out of the investment and she wants her deposit back plus half of what the property is worth which is now £110,000 i applied for further borrowing and can only get £38000 which she will not except the thing is she does not have her name on the mortgage or any other documentation, the only evidence she has is by me emailing her about this issue.


The question is can my sister take me to court and if she does what are the chancers of her winning her case on what i have told you.


 


Regards


 


Phil


 


Ps... Would i be right in saying, this will only cost £33


 


 


 


 


 


 


 


 

Expert:  Clare replied 3 years ago.
Hi
How much is currently outstanding on the mortgage?
Clare
PS Yes unless you have signed up for a subscription
Customer: replied 3 years ago.

Why? The question is can she take me to court and possibly win


 


Regards


 


Phil

Expert:  Clare replied 3 years ago.
Hi
In order to answer that question I need to know how much is outstanding on the mortgage as otherwise there is no context to any reply I give
Clare
Customer: replied 3 years ago.

There is £45000 outstanding and i can only raise £38000 she put in £46000 but has already profitted £16000 so she is still up on her investment


 


regards.

Customer: replied 3 years ago.

Hi Clare,


 


I also have a letter from her stating the investment is for 10 years and she has opted out in 4


 


regards

Expert:  Clare replied 3 years ago.
Hi
What was the original agreement based on - the 10 years I mean
What were the other terms of the agreement
Clare
Customer: replied 3 years ago.

That if the house was sold we would both get a 50/50 share but as you know its not getting sold so she has gone back on the original 10 year agreement


 


Phil

Expert:  Clare replied 3 years ago.
Hi
Since there was a clear agreement between you as to the ownership of the property the simple fact is that yes your sister could indeed make an application to the court.
She would certainly be awarded an interest in the property that could and would be registered to prevent you from disposing of the property at all.
The only question mark is whether or not the court will also feel that the 10 years was an integral and thus enforceable part of the agreement
Without a lot more background that is much harder to assess - but there is at least a reasonable chance that the court will decide in your favour.
So - take you to court - yes she can
Win - less likely but not impossible
Please ask if you need further details
Clare
Customer: replied 3 years ago.

Thank you for your help but would you kindly answer me one more question, what would be the percentages?

Expert:  Clare replied 3 years ago.
Hi
Percentages of what?
Clare
Customer: replied 3 years ago.

Sorry... me winning the case if it went to court?


 


Phil

Expert:  Clare replied 3 years ago.
Hi
To be frank - 50/50
Clare

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