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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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After divorce the family home had to be sold. Costly boundary

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After divorce the family home had to be sold. Costly boundary and flying freehold issues needed to be resolved for a sale to be possible. Some essential repairs were undertaken. The costs were in the region of 8-9 thousand pounds. From the onset from mediation and later my ex husband said he would pay half but not until the point of sale. He repeated this in subsequent emails and it was referred to in letters from his solicitor.However on completion of the sale of the house he has refused to pay anything towards these costs. My family solicitor said as there was nothing stated in the court settlement regarding any extraneous payments he could not be made to pay. So my question is, can anything be done through the courts or through the Small Claims Court for me to be reimbursed?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is***** shall do my best to help you but I need some further information first.What does the Order say about the sale costs?What did the letter from his solicitor say regarding costs?
Customer: replied 1 year ago.
Hi Clare
I am finding your site difficult. Whenever I move off it to find some information I lose what I have already put in. A bit of background.
"Payment of the legal and estate agents fees" is all that is referred to in the order. I suppose none of the difficulties could be foreseen and an immediate sale was expected, not a delay of five years. My unemployed ex husband (has worked only about 7 of the last 20 years) walked out taking £1000 a month pension with him leaving £200,000 of joint debts to be dealt with and has paid not a single penny in 5 years towards anything. I was the bread winner and have had to work full time to maintain the position. I am 70 years old next June and am still working to maintain a life style. He occupies our house in Spain which he received as part of the settlement. I was left with not enough money to buy another property. So if I can claim anything it would be helpful. I would not want to undertake an expensive claim as getting to this point has already cost me more than £30,000 in solicitors fees, not including the costs to which I am referring to in this claim.
Below is his sol's response to our request for his contribution.
Helen,
I have received instructions from my client who is NOT prepared to make any further contribution to your client.
He has pointed out that he too has incurred additional legal costs, and of course he shared the costs associated with work carried out by our conveyancing department.
He considers the matter to be closed.
This is the response I got when I asked for his share of the costs. Am I wasting my time? Should I just chalk it up?
Expert:  Clare replied 1 year ago.
Hi
Who was ordered to pay those fees?
Clare
Customer: replied 1 year ago.
Hi To which fees are you referring?
Expert:  Clare replied 1 year ago.
The legal and estate agents fees
Customer: replied 1 year ago.
They were to be paid from the proceeds of the sale at the point of sale before the 50/50 division
Expert:  Clare replied 1 year ago.
On what basis is it being argued that the Flying freehold and boundary problems are not costs of sale?
Customer: replied 1 year ago.
It was never suggested that I should argue that point. What do you think I should do as the matter was closed? The email I received from his sol saying he would pay nothing was received 22 April 2015? Could I claim through Small claims? Would that be the cheapest way? Would it be a legitimate or possible way to proceed? Might it be successful or what do you suggest?
Expert:  Clare replied 1 year ago.
I am at a loss to understand why your solicitor did not explain that it was part of the costs of sale - were they still involved at that time?
Customer: replied 1 year ago.
Yes because she advised the sol who dealt with the sale that other monies from the proceeds had to be paid to me before the division was made.
Expert:  Clare replied 1 year ago.
OkSorry I am trying to pull threads to see a way forwardWhy were these other issues billed separately
Customer: replied 1 year ago.
They were accumulated over about a 2 year period and I paid for them as and when appropriate. Actions had to be taken in order for it to be possible for a mortgage to be arranged for the actual buyer or any other buyer.The buyer agreed to wait until all the issues were sorted out. My ex knew about them because often the paperwork had to be signed by both of us as joint owners and as he had previously said he couldn't afford to pay until the point of sale, I paid them.
Expert:  Clare replied 1 year ago.
You did refer to repairs originally - what were they?
Customer: replied 1 year ago.
There were repairs to the roof and the drive had become almost impassable therefore needed some upgrading. It is 80mtrs long. Also the certification of electricity report had to be done for the sale.
Expert:  Clare replied 1 year ago.
How much were each of these?
Customer: replied 1 year ago.
Roof £600 drive £2952 electrics £685.
Expert:  Clare replied 1 year ago.
Did you consult him/his solicitors on all of these?
Customer: replied 1 year ago.
This answer is nor straight forward. In the early days he said (and in an email) that I could do anything I liked to maintain the property but he could not pay upfront. When there was some money from realisation of insurance policies he did pay for some repairs. I did not consult him before I actioned the repairs in question because I thought I had his agreement in general that I could maintain the property ready for a sale. Some time after the repairs in question were completed he came to look around the house and subsequent to the visit he said he would not agree to any other repairs being done. Not that he would not pay but was adamant that no repairs should be done. As a consequence the roof had a hole in as large as a football through which water poured for a period of more than a year resulting in damage to electrics, plaster and wood work and despite requests for agreement he remained firm that he would not agree to repairs being done and as a consequence the property devalued and it was like that until the property was sold. All through this time I had paid for many items to be replaced that had worn out e.g. bathroom and kitchen taps, installed new showers, a kitchen hob etc. and to which I did not necessarily expect him to contribute because I was living in the house. I think reference was made to the repairs through the solicitors. I certainly sent the invoices to my solicitor.
Expert:  Clare replied 1 year ago.
So the repairs you refer to predate that embargo?
Customer: replied 1 year ago.
Yes
Expert:  Clare replied 1 year ago.
In that case yes you can sue him for these sums using the Small Claims process and the Money Claim Online service
https://www.moneyclaim.gov.uk/web/mcol/welcome
So far as the fees are concerned you could apply to enforce those within the divorce proceedings using this form
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/d050k-eng.pdf
I hope that this is of assisatnce- please ask if you need further details
Clare
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you. I appreciate your help.

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