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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 837
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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Trying to purchase my property from ex partner who no longer

Resolved Question:

Hi, trying to purchase my property from ex partner who no longer lives here. There are structural works which need to be completed on the house ASAP or we risk causing serious damage to the roof but he will not respond or co-operate with me. I tried to purchase the property previously but he suggested he is owed half of a further advance we took after revaluing, this was used to back pay the renovations we did prior to the valuation. I am currently living in the house and would like to purchase the entire property from him.
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and I will assist you today.
Please may I ask:
- do you hold the property as Joint Tenants or Tenants in Common?
- how much equity is in the property?
Kind Regards
Caroline
Customer: replied 1 year ago.
Joint tenants and the current equity as per a valuation undertaken recently is £25 722. Mortgage is £119,227, Valuation is £145 000.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for confirming this for me.
Please may I ask - how much are you offering your ex to buy him out? and how much is he wanting?
Kind Regards
Caroline
Expert:  ukfamilysolicitor replied 1 year ago.
sorry pressed answer rather than still need info - if you just respond our conversation will continue.
ps - are there any children involved?
Kind Regards
Caroline
Customer: replied 1 year ago.
I'm offering him exactly half the equity and went to expense to get this drawn up and sent to him which he then rejected, he's suggesting that he is owed an additional £3000 which is half the further advance (Mortgage £113, 259.50 + further advance £5967.60 = Current mortgage) that was taken 8 months ago and used to back pay for renovations undertaken for the house that came from my savings. So we did flooring and plastering and agreed that the further advance would back pay me for the expenses once we received it, this is written down in messages received. This money was also used to pay bills from our joint account (again can be evidenced).There are no children involved and we were not married.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for confirming this for me.
As a Joint Tenant - your ex is presumed to be entitled to half of the equity so what you have offered is fair. The equity is based on the value less the outstanding mortgage and if the monies were used to renovate it would seek rather unfair he wants this money to be paid to him also - given that the monies were used to renovate the house and add value.
This being said - please take into account the advice I will detail for you shortly.
This type of dispute for umarried couples is dealt with under the trust of land act.
If agreement cannot be reached then the recourse is to make an application to the court for a decision to be made as per his interest and approval as to you buying him out.
If you were to be legally represented in such proceedings you would be looking at legal fees at approx £5k. Which doesn't make sense given the amount in dispute.
This doesn't mean that you should just agree - its not fair for him to benefit twice - just bear in mind the legal fees is what I am suggesting.
You can also act in person in these types of proceedings which will reduce costs. Such an application is made to your local county court - on claim form Part 8. The court fee is £280.
It is my advice to you that you consider referring this matter to mediation - to see if an agreement can be reached without the need for court proceedings. There are lots of mediation services and there will be one local to you. One such national service is www.nfm.org.uk
It is also my advice to you that whilst matters are still ongoing - you need to sever your joint tenancy. It is important that you do this - because if you don't and you was to pass away - then your ex would automatically inherit your share of the property - which you may not want to happen. See this link:
https://www.gov.uk/joint-property-ownership/change-from-joint-tenants-to-tenants-in-common
Please do not hesitate to ask if I can clarify anything for you.
Kind Regards
Caroline
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