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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33519
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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16 July 2015 08:26 (GMT/GMT)Dear Clare I rate your service

Customer Question

16 July 2015 08:26 (GMT/GMT)
Dear Clare I rate your service as excellent. However I didn't 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.
Edit
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year 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
Customer: replied 1 year ago.

Nicola I can't fdind any new answers from you here??? This is becoming very frustrating. What did you ask me?

Expert:  Nicola-mod replied 1 year ago.
Hello,
I know and I am very sorry but I have had not any communication from Clare and can only assume she is still ill.
We will continue to look for another Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 1 year ago.

Hello Nicola

It's really quite basic stuff I think, is there only one person who might know?

Customer: replied 1 year ago.

Please help. I have paid for 5 questions, I've received NO answer from that batch of questions fo which I have asked only one.Please can you continue to look for Clare so she can finish the job that I have paid for, Now I am being offered 25% off my next question but I will not be paying for any more questions until the one I've asked has been answered and I get my five questions. So 25% off another payment cannot be of any benefit to me can it? Please assit me on this issue as I cannot get a direct line of contact with your customer support. Many thanks

Expert:  Nicola-mod replied 1 year ago.
Hello,
I do understand but as I said I cannot get in contact with Clare, she has not replied to any contact from me. It is frustrating for me too. I am still looking for another Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 1 year ago.

Hello Thanks for your effort. But why am I being asked to pay again and then receive 25% discount.?Is there not another solictor who can ask a colleague?? Thanks

Expert:  Nicola-mod replied 1 year ago.
Hello,
I have sent this to all our Family Law professionals already but had no response, I am sorry. I'm going to send it out again tonight.
You do not have to pay again unless you want the 25% discount on a future question.
Thanks
Nicola
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question and I am so sorry that I have not been available
Unless there is a clear agreement that states otherwise then legally it is assumed that the property is held by joint owners in equal shares unless one party can prove that there was a clear intention that it would not be equal shares
So unless there is a clear written agreement (such as the 18% one) then yes the default is 50/50 and "still to be decided" is not an option
I expect to be online again most days now so please ask if you need further details
Clare
Customer: replied 1 year ago.

Hi Clare

Thanks for your response. My questions for now are

2.So if I go ahead with the purchase and his name is ***** ***** deed of the new property, with the 50/50 default setting, what protection do I have that he won't then demand 50% in two years time?

He says that he is not claiming 50% but does not agree with the 18.44%.

3.I don't think that his reasons for wanting more than the 18.44% stand up? He says that because I have only been paying the interest and because I can no longer afford to maintain the property that I have lowered the value of the property meaning his capital is not as much as it could be.? thanks Clare

Expert:  Clare replied 1 year ago.
Hi
You cannot go ahead with a default setting of 50/50 - otherwise you could indeed face losing that amount.
The fact that you have only paid interest does not change the percentage - indeed if you had been paying capital his claim would have been less.
The maintenance issue could be relevant IF he can prove that the house could have sold for more AND he offered to pay for half of the costs of improvements
Clare
Customer: replied 1 year ago.

Thanks, ***** ***** neither. So I could agree to his name on the deed with a clause attached stating that he will not be claiming 50%.

Sorry I want to be absolutely clear, because this could really mess things up. He has agreed to my selling and then purchasing the other flat. I do not want to loose my buyers or the new flat. I will not be changing my terms which are that he can claim 18.44% of the current market value. However my ex thinks he can get me to change my mind in mediation. I see no point in mediation because I will not be changing my terms. but he refuses to accept the 18.44. We have reached an empasse.

Expert:  Clare replied 1 year ago.
Hi
Please go to mediation - it is worth the effort if only to have an independent record of the issues discussed.
The only basis on which you should go ahead is if there is a range - say between 15% and 30% as otherwise you will be heading for disaster
Clare
Customer: replied 1 year ago.

Hi Clare. We have already been to mediation and have a draft memorandum of understanding stating the agreed 18.44%. It's not about effort for me. I have reached a point that I am satisfied I've done all I can on. I don't have any funds at all which is why I'm forced to sell my home and I am not being stubbourn or lazy just firm in my belief that my terms are final and reasonable after a great deal of effor and thought. The 18% is an excellent return on his very minimal investment. I see no benefit from mediation accept to throw money away in the pursuit of my ex's ego and his inability to accept that he is not entitled to more than 18.44%. As far as I'm concerned the next step will be to ask the court to decide for him.

Sorry I don't understand your second point re "a range" please again can you spell this out to me.

Many thanks for your help. Caroline

Expert:  Clare replied 1 year ago.
Hi
When was that memorandum dated?
Clare
Customer: replied 1 year ago.

The memorandum was made in 2005. Also what do you mean re: range? Do you mean of possible agreed percentages.?

Expert:  Clare replied 1 year ago.
Hi
In that case he is stuck with the 18.44% - it was clearly agreed between the two of you.
This means you have to be VERY careful with the new property as a different agreement on that one could supercede the 2005 agreement
If you must do this then use wording such as
" a percentage which will not be below 18% but will not exceed xxx% to be agreed based on the contributions made to the property (former address) and in default of agreement to be determined by the court"
Clare
Customer: replied 1 year ago.

Hi Clare

So to clarify, and then I think I'll be out of your hair; I have a right to legally apply or submit a clause that is attached to the deeds of the new property that states this clearly and it will be legally acceptable protection for me against him demanding 50% in two years time because his name is ***** *****

Many thanks

Expert:  Clare replied 1 year ago.
Hi
You ask as many follow ups as you need - it is a complex matter but an important one
You both have to agree to that wording - if you do it will certainly protect you from him claiming 50%
Clare
Customer: replied 1 year ago.

Hi Clare I just got a message from the conveyancing solicitor telling me it's not possible to attach a clause to the deeds of the new property? Now I'm confused? Can you shed any light ? Many thanks

Expert:  Clare replied 1 year ago.

Hi

It is possible that he is suggesting that there is a separate Declaration of Trust - which would be appropriate

Clare

Customer: replied 1 year ago.

hi Clare, so we could agree to draw this up, or have it drawn up? What is the process? do we need to employ a solicitor to draw this up? Do we need a solicitor for the writing of it or just to 'put a legal stamp on it" Is this something that you could do? What would you charge?

Many thanks

Expert:  Clare replied 1 year ago.
HI
You should ask a solicitor to draw it up - assuming that you can both agree the terms
Clare
Customer: replied 1 year ago.

Thank you ***** it's not something you could do?

Expert:  Clare replied 1 year ago.
Hi
Whilst I could do it for you and would offer it as an extra service I am actually very concerned about your position and it would be best if you saw someone face to face to resolve this
Clare
Customer: replied 1 year ago.

Yes I agree with this. What would your fee be for this kind of job? Where are you based? I'm out on appointments now until 11.30/12pm. Perhaps I could call you after that? if yes leave me your number. Many thanks

Expert:  Clare replied 1 year ago.
Hi
I am afraid that the rules of the site mean that we cannot meet face to face - so I would suggest that you go and see a local specialist
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33519
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Well thanks again Clare for your help with this matter. It is a concerning situation and I just want to move my life forwards. The alternative is to stay put for the next two years, stuck and immobile and even more concerning because of the financial burden the property is on me. I will look for someone local, however these issues are not covered by legal aid and I am not working due to my ongoing illness. Justanswer has been a godsend for me. Thanks

Expert:  Clare replied 1 year ago.
Hi
If you have no luck feel free to come back
Clare
Customer: replied 1 year ago.

Thank you so much Clare! X

Expert:  Clare replied 1 year ago.
Hi
You are welcome
Clare

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