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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33946
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I'd like to explore how I can take my ex partner to court over

Customer Question

I'd like to explore how I can take my ex partner to court over our jointly owned property. We are not in agreement on percentages and have reach an impasse. I'd now like to know what to do to get a court decision on this? Thanks
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
Have you given up on the sale and purchase?
Clare
Customer: replied 1 year ago.

Hi Clare. No and yes. My ex decided to up the anti and pretend that he hasn't understood a word of the endless email negotiations we've been having. My buyers lost patience and found another place and the sellers of my flat were offerred a higher price by someone not in a chain. Seems it wasn't meant to be which could be disasterous, however I will survive. Yesterday I reached the end of my tether. We are getting nowhere and he is being completely unreasonable and really quite agressive now demanding for 52%+.. I need this to go to court and for the court to decide. Could advise as to how I initiate this process, what's entailed , should it be me doing it or him..? I am guessing that I should be gathering up relevant information/ evidence, setting up my stall so to speak right now.?Thanks

Expert:  Clare replied 1 year ago.
Hi Caroline
I am sorry that you have lost your sale and purchase - but glad to see your positive approach!
Do you still wish to force a sale (as a starting point)
Clare
Customer: replied 1 year ago.

No I don't . I know you were right when you advised to get the percentages agreed before attempting to sell and I was so in the middle of it I couldn't see straight. My ex is a bully and he was being very agressive so I recognise now I was in fight/flight mode. I will stay put . It will be a struggle because I am still unable to work full-time. However I will manage because I have to.

Just as an aside, I nearly died last year, I had double pneumonia as a result of a chronic auto-immune condition. I fought it and won. I can do anything!!

I do want to move as soon as I can because the flat needs essentail maintenance and I don't have the financial resources so I don't want it to devalue much more than it has already. Meantime I would like to get court proceedings underway. So can we talk about how best to do this?

Expert:  Clare replied 1 year ago.
Hi
That sounds like a plan!
Please remind me when you last saw a Mediator?
Clare
PS which of the auto immunes is it - I know Behcets best
Customer: replied 1 year ago.

We last saw a mediator about 10 years ago. My ex needs this taken out of his hands because he is acting out and very un self aware. I am not prepared to waste time and energy facilitating his acting out or his personal journey of discovery through mediation I'm afraid. This nearly happened before which is why we still only have a draft Memorandum of agreement. I felt let down and it was vey expensive.

I had a Lymphoma scare which turned into a diagnosis of Lupus, then on to various endo conditions the main being severely underactive Thyroid, Lymphodema, Adrenal fatigue, Pituitary fatigue, and numerous intolerances from food to electro magnetic feedback. My ears were literally burning at one stage...It's been a journey to remember I can tell you and not over yet as I still have Lymphatic circulatory issues and the Thyroid and skin allergies are on going. It's just easier to say I had an auto-immune condition as it's such a common thing these days..Thanks for asking.

I need advice about court please.

Many thanks

Expert:  Clare replied 1 year ago.
Hi
The boring part is that you do have to try mediation again first as otherwise there is a good chance that the court will adjourn any applictaion your make to give mediation a chance.
Once you have done that (it will fail of course) then you need to make a claim using the Trust of Land and Appointment of Trustees Act for a ruling on the share sin which you hold the property.
This will be a part 7 Application
You can read more here
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part07
The form you need is here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 1 year ago.

Clare Do you have any idea how many mediation sessions will be deemed as an adequate attempt. This is so distressing as I have no money at all particularly as my ex has demolished any chance of my releasing equity to save my situation. Also Please can you help by giving me an idea of what I'd expect the costs of going to court to be. Also you didn't answer my question about who should initiate proceedings for a court application? Would it be him because he is contesting my position on percentages or me (because if I wait for him he'll drag his heels?)

Many thanks

Expert:  Clare replied 1 year ago.
Hi
One meeting is likely to be enough to make it clear that it is pointless - and he may even refuse it
The only cost need be the actual Court fee - a few hundred pounds - and you may be eligible for fee remission if your income is low.
You will have to start the applictaion as you are the one who is seeking the answer!
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33946
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.

Hello Clare. Thanks. It'd be lovely if one session of mediastion would solve it! Thanks for the forms and information. All the best to you! Many thanks Caroline

Expert:  Clare replied 1 year ago.
Hi
I actually anticipate that one session will show that mediation is not viable!
Clare
Customer: replied 1 year ago.

Sorry , yes I know. I was being flippant.. Regards

Expert:  Clare replied 1 year ago.
Hi
Best of luck
Clare

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