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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Dear Sir/Madam I very stupidly had a one off affair five years

Resolved Question:

Dear Sir/Madam
I very stupidly had a one off affair five years ago, and after realising what a dreadful mistake I had made, ended it immediately. My partner of 16 years and I have been co habiting in my house, and last October two of our friends thought it was, for some reason, a good idea to tell my partner. He has apparently moved into rented property, bought a different car and I have had no contact with him apart from now 2 solicitors letters threatening to make me sell my home.I have constantly tried to ring, text and have tried to see him at work to no avail, as I do not want to throw 16 years of happy times down the drain and want us to have counselling and try to get together again. He has not responded and I am desparate. I still love him and have told him so via phone and text. He contributed to all the utilities in the house at £500 per month but did not contribut to the mortgage. I did have a Declaration of Trust drawn up to say if we did part, I would give him £50000. Unfortunately I cannot afford this amount of money. I have offered £10000 and £50 per month, and I can sell my car which would gain another £9000. I am unable to afford legal fees, and a remortgage would ruin me. I am desparate as I still love him, have worked very hard our home, and want us to get back together. This is a very one sided decision. Can you help?
Regards
Miss D Goodwin
Please [email protected]
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the house worth and are there any children involved?
Clare
Customer: replied 3 years ago.

No children


House worth approximately 375 I am sole owner

Expert:  Clare replied 3 years ago.
Hi
How much is outstanding on the mortgage and may I ask why you signed the Declaration of Trust?
Clare
Customer: replied 3 years ago.


1. 97000 outstanding as remortgaged.


2. Because of the value of the house IF anything happened I didn't want anyone to have half.


Best Regards


 

Expert:  Clare replied 3 years ago.
Hi
Sorry - do you mean that you wanted your ex to have something or not to have half?
Clare
Customer: replied 3 years ago.
The declaration of trust say that if we parted I would give him 50000 rather than half the value of the of the house. Does that make sense?
Expert:  Clare replied 3 years ago.
Hi
It does indeed - but why did you agree to it - had he actually paid towards the property?
Clare
Customer: replied 3 years ago.
No, I bought the house for £53000. I spent £50000 on it to do it up and it is now worth £375000 because of its location and size. 50000 is a lot less than half it's value if he wanted to take half of it. He contributed to all utilities, food, dogs cleaner etc by direct debit of £500 per month which I have got records for. The money never went towards my mortgage. Regards
Expert:  Clare replied 3 years ago.
Hi
So whay and when did you decide to gift him £50,000?
Clare
Customer: replied 3 years ago.
I had the document drawn up about 8 years ago. I did think it was fair at the time as I did believe that we would never part.
Expert:  Clare replied 3 years ago.
Hi
What does the Declaration say about how an din what circumstances he can force the sale of the property?
Clare
Customer: replied 3 years ago.
Hi I have asked for a copy to be e mailed across to me .
With Regards
Expert:  Clare replied 3 years ago.
Hi
Thats fine - let me know when you receive it
Clare
Customer: replied 3 years ago.

Please find attached a copy of the declaration

Expert:  Clare replied 3 years ago.
Hi
It is not good news I am afraid
If he will not agree to your offer of payment by instalments then he can apply to the court for an Order for the sale of the property.
Sadly there is simply no way around this
I am sorry not to give you better news - please ask if you need further details
Clare
Customer: replied 3 years ago.
Thank you for your help
Expert:  Clare replied 3 years ago.
HI
You are welcome - I just wish the news was better
Clare
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