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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33281
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I moved in with Annette 15 years ago and we were buying a house

Customer Question

I moved in with Annette 15 years ago and we were buying a house togher she had 20% discount with the council and I had 13,000£ cash but too get her discount I had to keep quiert about my part after 5 years we split up and I am still owed the money [how do I stand getting it back ]
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare a
I will do my best to help you but I need some further information first.
What actually happened five years ago?
Clare
Customer: replied 2 years ago.

we had a disagreement about her work .I didn't like what she was doing in Birmingham .so I left the house and met my now wife .

Expert:  Clare replied 2 years ago.
Hi
Sorry - I meant with regard to the legal proceedings?
Clare
Customer: replied 2 years ago.

few letters sent from solicitor I got no where [loseing battle ] pateman almost gave up without a fight .I think I am due at least half the house ,but I too have almost given up .

Expert:  Clare replied 2 years ago.
Hi
How much was the house sold for?
What other financial contribution did you make?
Clare
Customer: replied 2 years ago.

the house has not been sold she still lives there I have a block on it through pateman .I stopped paying for it about 6 months before moveing out .sorry for the delay didn't see your reply.


 

Expert:  Clare replied 2 years ago.
Hi
Right so you have Registered your interest in the property.
How much did the property cost to purchase and how much is it worth now?
Clare
Customer: replied 2 years ago.

about 80.000 worth 120.000 I think ?

Expert:  Clare replied 2 years ago.
Hi
Just to check - are there any children involved at all?
Clare
Customer: replied 2 years ago.

she has 5


I have 2

Expert:  Clare replied 2 years ago.
Hi
Are any of them joint children and how old is her youngest child?
Clare
Customer: replied 2 years ago.

no joint children ,over 21

Expert:  Clare replied 2 years ago.
Hi
If the Purchase price was £80,000 and you paid £13,000 why do you think you are entitled to 50% of the equity?
Clare
Customer: replied 2 years ago.
To be honest £80,000 is a guess of the price, and she got 20% discount. I contributed to the payments for the mortgage.

 


If I cant get 50%, then I would at least want the £13,000 and accrued interest it would have earned in the bank.

Expert:  Clare replied 2 years ago.
Hi
How much is it worth now (best educated guess will do)?
Clare
Customer: replied 2 years ago.

£120,000

Expert:  Clare replied 2 years ago.
Hi
You are entitled to make an application under the Trusts f land and Appointment of Trustees Act for a share in the equity of the property
Realistically you paid in the region of 15% of the price of the property - so you should be looking for 15% of the VALUE now
Such claims are not simple but the fact that you made a clear financial contribution does make things easier
Forcing a sale is harder - and it may be that there is room for negotiation in that area - something which you should try using Family mediation (www.familymediationhelpline.co.uk)
Please ask if you need further details
Clare

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