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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I will try and keep this long story brief. In 2006

Resolved Question:

Hi
I will try and keep this long story brief.
In 2006 I purchased a property jointly with my partner following separation from my husband. At this time we pooled all our resources including finances with no record of our individual contribution.
A reasonable size mortgage was taken which we jointly contributed to together with all the household bills divided equally.
In 2010, without warning my partner left and disappeared for some weeks. To cut a long story short, despite arranging meetings to discuss the house situation, it was some 3 years later, in summer of 2013, we had a meaningful conversation about dealing with the joint property and mortgage. This was prompted as he was taking voluntary redundancy and wanted to purchase a property of his own, having lived at his sisters house up until then. Up to this point and to his credit he had continued to pay half the mortgage and half of the utility bills. The majority of his personal belongings were still in the house (as indeed there are still today) and he still had keys to the property.
We placed the house on the market and quickly received 2 offers at the asking price of £355k. At this point I could not find anywhere suitable to move to and really did not want to leave. Combining the remaining of my savings and some money still owed to me by my ex husband, I was able to offer £40k to buy him out. I acknowledge this was £15k less than the amount he would have received (before costs) if the property had been sold.
However never at any time was there a conversation about the difference. I told him how much I could afford to go to, he accepted and the deeds and mortgage were transferred into my sole name at the end of 2013.
In Jan 2014, he left a handwritten note in my house saying he wanted to talk about the money I owed him. To be honest at this time I was shocked and very very upset. Having just thought a line had been drawn under the whole sorry affair, I just did not know what to say. I told him I did not owe him money. No more was said (despite being in regular contact) until Jan 2015 when I also took voluntary redundancy and again he left a hand written note saying he wanted the money I owed him. I guess he was now aware I was in funds with my pay out. He is now emailing and texting saying he is going to do what ever it takes to get the money. I am worried silly as I have not secured a permanent job (working on a day rate) and I have decided to put the house on the market as I have no guarantee of paying the mortgage beyond my redundancy payment. I am adamant there was no conversation what so ever about money being paid to him over and above the £40k I paid at the time. I was in the firm belief this was a full and final settlement. Everything was conducted by solicitors and clearly there is no paperwork stating I owe him this money if for no other reason than there was no conversation about it at the time of transfer. He believes he has a case to claim this money from me. Please can you let me know your thoughts. Thank you
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 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.
\Just for clarity - you offered him a sum of money for his share of the property.
He accepted it and it was paid and the house transferred to you.
In the years since then you have not at any time agreed that you might still owe him anything?
Clare
Customer: replied 2 years ago.
Hi
That's exactly right.
I paid him £40k and the property was transferred to my name and his name removed from the mortgage.
I have never said I owed him more.
Thanks
Sharon
Expert:  Clare replied 2 years ago.
Hi
In that case whilst he may have convinced himself that you owe him money he is not likely to be able to convince the court and you have nothing ti worry about other than his harassment of you.
If he continues to contact you you must not respond at all - and you shoudl keep a careful record.
Report the matter to the police if it continues.
Please ask if you need further details
Clare
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