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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34589
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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hi just had a letter from a solicitors saying my ex agrees

Resolved Question:

hi
just had a letter from a solicitors saying my ex agrees to the sale of a property that we own
but there is a legal charge in my favour
but his solicitors says an delclaration of trust was arranged by me and he did noe seek legal advice therefore its validity is dubious
there is documnets signed with the solicitor and presence of witness and clearly states is there anything he wish to discuss ?
thanks
!!
Submitted: 3 years ago.
Category: Law
Expert:  Nicola-mod replied 3 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
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.
When was the property purchased and how was the purchase funded?
Who drew up the Declaration of Trust and what was the agreed division.
How much is the property worth now?
Clare
Customer: replied 3 years ago.

hi

it was purchased 7 years ago i but 28k and brought for around 34k the rest was money in my account and i paid legal fees.

as for declaration of trust we talked about as it was my money and no mortage on it.

i would get back my 28k and everying else was 50 /50.

property worth around 80k now

thanks

Expert:  Clare replied 3 years ago.
Hi
how much are the sale costs - and how urgent is the need to sell?
Clare
Customer: replied 3 years ago.

Don't know the costs to sell like estate agent fees or solicitors.well I would like my money out soo I can move on with my life

Thanks

Expert:  Clare replied 3 years ago.
Hi
In that case write back and point out that it was your money that was invested and that you have only asked for the return of that prior to the distribution of the balance.
Say that the simple existence of the signed agreement makes it clear that you did not mean these funds to be a gift and on that basis should the matter go to court then you will be awarded the first £28,000 in any event.
Tell them that unless your ex agrees to a sale on the basis that you receive the first £28,000 and the balance of the equity is shared between you then you will make an application to the court for an Order for Sale - and seek the costs from your ex.
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34589
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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