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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33312
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I split up with my common law partner in February 2011, the

Customer Question

I split up with my common law partner in February 2011, the paperwork was finalised in October 2011. We owned a house together with about 190k equity in it, and 5 businesses together which turned over in excess of 5 million a year. Director and 50% shareholder in the businesses and joint owner of the property.

My ex partner, bullied me during our relationship, was very controlling to the point I was on depression tablets. I was bullied into signing the businesses away in return for the house so the children had a roof over their heads. I've been advised today off the record I could now i'm well again I could have the agreement I signed reviewed because of my state of mind at the time. My solicitors witnessed his bad temper one day when he came into the office. At the time I couldn't deal with a huge battle and just wanted the kids to have their home.

Can anything be done now?
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
Was it the solicitor who dealt with you at the time who suggested this?
Clare
Customer: replied 3 years ago.

No it was me, I said I couldn't deal with a big legal fight. I was a mess at the time.


 


I was also paid 25k redundancy. Took the vehicles. Plus other assets.

Customer: replied 3 years ago.

I meant he took the vehicles and other assets.

Expert:  Clare replied 3 years ago.
Hi
Who advised you today that it could be revisited?
Clare
Customer: replied 3 years ago.

A 'conveyancing solicitor' who popped into my office. Obviously not his area of expertise.

Expert:  Clare replied 3 years ago.
Hi
No I am afraid not.
What form of agreement did you actually sign - or was it simple a series of relevant paperwork?
Clare
Customer: replied 3 years ago.

It was a deed i've just had a look at it.


 


I can send it to you for you to see if you send me an email address.

Expert:  Clare replied 3 years ago.
Hi
What was it headed?
Did it deal with all the assets?
Clare
Customer: replied 3 years ago.

Yes it was sent from his solicitors. Dealt with everything. It details the situation, when the relationship broke down.


 


How assets were being dealt with.

Expert:  Clare replied 3 years ago.
Hi
Just to check - you then had legal advice before you signed anything.
Clare
Customer: replied 3 years ago.

Yes, I saw a solicitor. It was all done through a solicitor. He didn't know I was being threatened.

Expert:  Clare replied 3 years ago.
Hi
Odd question - I know you were depressed but did you have any other mental health problems at the time?
Clare
Customer: replied 3 years ago.
No. Depression and stress which affects your mental state. Scared for the children and myself. Doctors could back up what I'm saying with reports, others can verify his temper even the solicitors receptionist.
Expert:  Clare replied 3 years ago.
Hi
What contribution had you made to the businesses
Clare
Customer: replied 3 years ago.
Full time. Finance director who managed the entire accounts department.

Expert:  Clare replied 3 years ago.
Hi
Any capital contribution?
Clare
Customer: replied 3 years ago.
The business was started together with joint money. I wasn't a director for the first few years just an employee and 50% shareholder. All the other business were off the back of this main one.
Expert:  Clare replied 3 years ago.
Hi
Where did the money come from - and where did the money for the house come from?
Clare
Customer: replied 3 years ago.
The money for the house was mainly inflation. I believe the deposit was a 20k to his 30k. Plus loans for the stamp duty/ legal fees which were jointly
Cleared. I will correct the equity figure it was 140k due to the market crash.

The money which started the business off was joint savings. I had a previous company for two half years, which produced the savings
Expert:  Clare replied 3 years ago.
Hi
Best guess at how much?
Clare
Customer: replied 3 years ago.
It's hard to say, it needed about 50k to cash flow it to start. We went onto quick invoice payment with the contractor for the first
Few months. It's this business which went from strength to
Strength. Won more and more contracts.
Then it changed to discount invoicing when our terms went back to normal.
Expert:  Clare replied 3 years ago.
Hi
The Conveyancer has offered you false hope to an extent I am afraid.
The fact that you had legal advice and did not not have a severe mental illness (such as psychosis) makes it unlikely that you could have overturned a Consent Order had one been made by the Court.
HOWEVER the fact is that this was not a divorce and what you signed was not a court order.
From what you have said it is your interest in the Businesses that is the issue - so if you wish to unpick what you agreed to then you should seek a business law specialist - show then what you signed and see if there is any way out of it
I will admit that I am not over hopeful - but it is worth one face to face appointment to check
Please ask if you need further details
Clare

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