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Ask Clare Your Own Question
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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Clare. I forgot to ask you. I have paid the insurance and

Customer Question

Hi Clare. I forgot to ask you. I have paid the insurance and service charge on the property in total £18,000 over the past 9 years, my ex has paid nothing of this or any of the upkeep of the property over the past ten years, i.e boiler maintenance, re-decorating, replacement of carpets, window repairs. Am I entitled to take this into consideration? Also when we bought the flat I put £28,000 cash down as a deposit, is there no hope of claiming this in my terms?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question and my apologies for the delay
The £28,000 has already been accounted for - that is why he is only getting 18% of the equity not 50%
You can make a claim in respect of the Insurance and any structural improvements to the property - but nothing else I am afraid
Clare
Customer: replied 2 years ago.

HI Clare. Thank you. But can a charge be applied after the purchase has happened once the percentage is agreed and if so in the absence of an agreement can he demand that his name is ***** ***** deed as holding 50% of the equity? If this turns out to be the only way to go ahead is it reversable once an agreement is in place/how can I protect myself?. Thank you.

Expert:  Clare replied 2 years ago.
Hi
Yes the Charge can be applied at any time - BUT he is entitled to wish to protect himself until the Charge is agreed.
Your best option is to agree a figure now
Clare
Customer: replied 2 years ago.

I'm afraid that he will not agree to my terms now and I need to get on so I am prepared to risk the delay in order to move a few steps forwards by moving from the current property. This is because it is a complete drain on my resources. I have a chronic health condition and have attempted to make this move to improve the return on his equity and my financial situation in one go. If I stay here the property will continue to devalue as I do not have the financial means to keep it going.

Customer: replied 2 years ago.

Dear Clare I rate your service as excellent. However I didn'ty get your response to the question of my ex's being on the deeds of the new property as entitled to 50%? The question was if he's on the deeds can the percentage he's entitled to be written into a clause as 'under nefgotiation' to be decided by a certain date. Or in the absence of an agreement is it true that it has to revert to a position of equal share??? Sorry but I feel very unclear about this and this was my main question.