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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 744
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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​​The​ case.The family house (6 beds, 3 baths, 1 dinning, 1

Customer Question

​​The​ case.The family house (6 beds, 3 baths, 1 dinning, 1 reception, cellar, garden) in London SW6 in which W (wife) (58 years old), D(daughter) (26 y.o.) and H(husband) (71 y.o.) live for the last 24 years is under offer for £2,400,000 (H+D married ​UK ​in 1984). The house was bought in 1991 by funds from abroad provided by ​the ​parents​ of W. It was registered in a Trust in the name of W​.​ When D turned 25 last year W and D became 50-50% owners in the trust deed.
W never entered paid employment (but she gets £ 16,000 p.a. renting property abroad + house lodger). H is emeritus prof, (£ 30,000 p.a) and D is a full time teacher (at £ 30,000 p.a.). H paid for the education of D (BA, MA, PGCE) and supported the family, paid for ​health insurance of W and D, ​insurance for house and car, house maintenance, house bills and incidentals​,​ bought​ furniture (some antique) and​ ​considerable art works (original paintings, ceramics, etc) to turn the house into a beautiful home to live in
The main point here is to protect ​the ​property interests ​of H ​now that the sale of the family house is at the stage of exchanging contracts (​H is ​living in this house for 24 years with ​W and D​).
At the moment it seems there is no disagreement between the three of us. ​
W and D ​are the main beneficiaries on the trust deed.​ ​It is​ the ​position ​of H ​that needs clarification and security (​to safeguard ​against the various mood changes of ​W​ ).
​W ​and ​H ​are not intending divorce (it is not ​in H's ​ intention​, unless he is forced to​ by circumstances)
The three of us have talked and seemingly agreed on the split of the funds from the h​ou​se sale (each of ​W and D ​to receive £1,100,000 and ​H​ £200,000). ​
W​ suggests ​to open ​a joint account in the three names into which to put the funds - but ​H​ believe​s ​ this provides security to none. How to ensure that the funds will be put to this account to begin with - unless the lawyer who is doing the legal work for the exchange ​of ​contracts is ​​instructed to do so.
QUESTIONS: Is the above split of the funds fair? Is H entitled to this share, to a higher, to a lower, to any at all ?(incidentally, also D wanted to know and asked H this question). On what basis is this to be determined (I guess on the basis that H and W are married -- in the UK since 1984 -- and living together since then and in this property for 24 years)?
Will signing a private agreement the three be sufficient if verified by a notary public - will this be legally binding?
H understands that ​these ​questions are as if divorce was intended - but, I repeat, it is not ​in H's ​ intention. ​H ​simply want​s​ to know ​his​ legal position in case that either of the two backtrack and refuse to sign a document confirming ​their​ oral agreement. ​H ​explaining to ​ W and D ​his legal rights ​ will ​probably ​convince them to agree to sign as this will be most straightforward solution.
As you know the best of families are not immune from greed and ingratitude and not honouring promises.
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist.
Please may I ask:
- are there any other assets?
- have there been any other types of agreements such as Pre nuptial or Post nuptial agreements?
Kind Regards
Caroline
Customer: replied 1 year ago.
no other assets. no other agreements
Customer: replied 1 year ago.
I have set all relevant data all information
Customer: replied 1 year ago.
was i clear with my questions?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for confirming this for me.
If the husband and wife were to divorce or judicially separate then either party could make a claim in respect of the matrimonial finances.
In relation to the matrimonial finances - The correct process for dealing with the matrimonial finances and division is to go through a process known as full and frank financial disclosure. Both spouses would need to exchange full details of all assets (including pensions) and liabilities before negotiations take place in relation to settlement. Everything is included in disclosure - all assets and all liabilities.
The normal rule for division is 50/50 however the matrimonial causes act sets out factors which could lead to a departure from this rule. A few examples are the likely earning capacity of both of you for the future, health needs etc.
For such a lengthy marriage as you have detailed - the starting point for division really is a 50/50 split.
The husband therefore really is entitled to more.
It is possible to argue that some assets can be excluded - eg inherited assets but the court will look at what available assets there are set against the needs of the parties. If there were other assets then it may possible to ring fence more.
Need is going to start by looking at rehousing both parties.
If if a split is agreed between the husband and wife now - this does not bind a family Judge in the future and they can look behind the same.
The best way to try to and agree matters with a degree of certainty is to consider a Post Nuptial Agreement.
Post Nuptial Agreements are an agreement between you as to how you would split your assets should you separate.
Whilst Family Court Judges are not technically bound to follow the terms of a Post Nuptial Agreement - more and more Judges are.
To make your agreement more likely to be followed by a Judge in the future you should follow these steps:
- exchange full and frank disclosure with your husband as to all of your assets and liabilities
- have an agreement professionally drawn up
- each obtain your own independent legal advice on the agreement.
Whilst this is not fool proof - it will certainly go a long way.
Please do not hesitate to ask if I can clarify anything for you.
Kind Regards
Caroline
Please kindly remember to rate positively so that we receive credit for our work
Customer: replied 1 year ago.
I guess that now the constracts are in the process of exhanging I must do someting to register my interest in the property (i.e before post nuptial agreemnt is drafted)
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
Without want to be bias in respect of whether advising the husband or the wife - it would help me to know which one you are.
Kind Regards
Caroline
Customer: replied 1 year ago.
husband
Expert:  ukfamilysolicitor replied 1 year ago.
Do you want the house to be sold?
Customer: replied 1 year ago.
I did not but since wife and daughter do (and they are 50-50 the owners under the trust deed) I go along.
Besides it is unwise to sell bofere Chrismas, the market is stronger in the spring. Anthough the house is much
much better than any two flats one can buy, yet there is a strong element of irrationality for them not to wish to
buy in the same area. They insist selling the house.
Customer: replied 1 year ago.
We do not intend to divorce.
Customer: replied 1 year ago.
The problem is of immediate nature. Not covered by post nuptial agreement. If I register my intersest in the property right now then my position (claim) will be taken seriously.
Expert:  ukfamilysolicitor replied 1 year ago.
If you wanted to you could register a matrimonial homes rights notice if you really don't want to sell. Even though you are not named on the deeds - it is still your matrimonial home and you have the right to occupy the property undisturbed.
Once home rights have been registered they act as a charge on the property resulting in the registered proprietor being unable to sell or mortgage the property unless written consent has been received from the spouse in whose favour the right is registered.
The Homes Rights Notice is free to register. You do this by completing this form and sending it to the Land Registry:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/449289/HR1.pdf
If you do decide to sell the property - no one can force you to sign a deed of trust or post nuptial agreement. You could still make a claim in respect of this money should you wish to divorce.
If no agreement was signed and the money was put in a joint account then the right of survivorship would apply in respect of the monies. Basically the account holders are like joint tenants - should any of the account holders pass away then the remaining account holders acquire their share equally.
Kind Regards
Caroline
Customer: replied 1 year ago.
Now we have arived to the essence of my questions and I thank you. My question now concerns the percentage of my share: what do you think taking all that has been said into account, is 200,000 rathen small to their 1,100,000 each? Because each of them can buy a new flat bit with 200,000 in central London (where I have lived in the last 40 years) I cannot
Customer: replied 1 year ago.
I undestand that for me to claim my fair share can only be pursued through divorce. Is it so?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
I do agree with you. £200k is a very small share and unlikely to meet your future needs.
The difficulty is - if everything else is happy in your marriage - then you are not going to be able to make a claim in respect of the matrimonial finances as you are not considering divorce.
The best option for you if you do not want to be divorced - is for the monies to go into a joint account and do not sign any deed of trust or post nuptial agreement or similar - if you do not agree with the terms.
Push comes to shove and you do sign something - the court isnt bound to follow such an agreement especially if your needs are not going to be met - but if the process I detailed above was followed - then a Judge might approve - so tread carefully - it would still be open to argue more if you do sign something - but it is no guarantee.
Perhaps mediation might work for you. Help you both come to an agreement which is fairer and would meet you future needs should you separate.
Please do not hesitate to ask if I can clarify anything for you.
Kind Regards
If are happy with the service - please do kindly remember to rate positively so that we receive credit for our time
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Yes - if your wife wont change her mind in any attempt to agree and she sticks to £200k only - then you would have to divorce or judicially separate to make a financial claim.
Kind Regards
Caroline
Customer: replied 1 year ago.
Finally is it prudent that I register my interest in the property now by filling the form you mentioned above?
Expert:  ukfamilysolicitor replied 1 year ago.
It depends what you want.
It you want to prevent the sale - then yes.
If you don't - you are still entitled to make a matrimonial claim in respect of the proceeds should you later separate.
Kind Regards
Caroline
Customer: replied 1 year ago.
I feel completely satisfied with your explanations and answers to my questions. Thank you Caroline very much.
It is natural to give you the highest rating.Is there a way to identify you in case I have more questions in the future - and to recommend you personally to friends?Kindest regards,Leonidas
Expert:  ukfamilysolicitor replied 1 year ago.
Dear Leonidas
Thank you for your kind words.
Its great to hear that you are happy with the service.
If you do need assistance in the future - you just have to start you question with For Caroline / UK Family Solicitor - and I would be more than happy to help.
Thank you for using Just Answer
Kindest Regards
Caroline
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 744
Experience: Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
ukfamilysolicitor and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Dear *****,Can yoy please guide me how to fill this form - about which you wrote:''The Homes Rights Notice is free to register. You do this by completing this form and sending it to the Land Registry:https://www.gov.uk/government/…Looking forward,Leonidas
0796 22 44 33 0
Expert:  ukfamilysolicitor replied 1 year ago.
Good Morning Leonidas
Do you have the HR1 form yet?
Kindest Regards
Caroline
Customer: replied 1 year ago.
Yes, I have downloaded the HR1 form
Expert:  ukfamilysolicitor replied 1 year ago.
Great
Which bit are you struggling with?
Kind Regards
Apologies in advance I am in court today - so answers may be slow
Customer: replied 1 year ago.
The HR1 form (I have tried tto fill it below and I have placed questions marks where I am not sure in sections 2, 6.Can this be submitted eletronically ?Thank you.Leonidas1. Local authority is Hammersmith and Fulham
2. Title number(s) in the property: ?
3.Property.***** London SW6 3TA4. Fees (by debit card)
5. The Applicant Prof Leonidas Xanthis6. The application is sent to Land Registry by
Key Number ?
Name
Address or UK DX box number
*****London SW6 3TAEmail address: ***@******.***
Reference: ?Phone no:(###) ###-####22 44 33 0 Fax No:7. Address(es) for servce of the applicant. the address(es) will be entered in the register and used for correspondence and the service of notice.73 (4) Egerton Gardens, london SW6 3TAEmail: ***@******.***8.Enter the full name of appliant's husband, wife or civil partner:Eugenia Panagiotopoulou9. Is a home rights charge (in respect of the applicant's marriage to or cilvil partnership with the person named in panel 8 above) registered in respect of any other dwelling-house?NO10. Has an order been made under section 33(5) of the Family law Act 1996 ?I woud guess here I tick NOOr I am the applicant's conveyancer ..... (I am not a conveyancer)11.12 My Signature
Customer: replied 1 year ago.
Now I see I better post it because it needs my signature.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your post.
You can ignore 6
In respect of 2 - You can obtain a copy of your land registry official title register which will have this number on it. This costs £3
https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/
The land registry might tell you if you call
http://blog.landregistry.gov.uk/changes-phone-numbers/
They will also tell you the correct local authority
10 - is a no
Yes sign as yourself
Kind Regards
Carolinr
Customer: replied 1 year ago.
Good evening Caroline,Today I mailed to the Land Registry the HR1 form. I hope it is not after the 'event' (i.e. before lawyers did their checking
and found no one has registered rights to the property).
Is there a way of knowing? If they did check before my application is registered, what can be done (provided contracts have not yet being signed).Looking forward to your reply.Kind regardsLeonidas
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Leonidas
I hope you are well.
I am not completely sure of the answer - but I will look and try and find out for you. It would be a conveyancing solicitor who would know the answer to this question straight away - that being how many times the Land Registry checks are undertaken.
I will speak to one of my conveyancing colleagues tomorrow and let you know.
Kind Regards
Caroline
Customer: replied 1 year ago.
Landlord-tenant question. The tenants (two of female students) pay a monthly rent (£ 1000 pcm) for their 2 bed flat.
The hot water boiler (was very old) and suddenly stopped working (on a Friday evening). The tenants reported the problem
to the landlord (a large estate company) and between the time his workers assessed the problem the following Monday, a replacement boiler was ordered and all (rather extensive) works were completed two weeks later the flat remaind without hot water (for two weeks). The old (vertical) boiler was for decades safely mounted on the bathroom (strong) wall and hidden above a false ceiling which had to be partially destroyed for the old boiler to be removed and the new one to be placed. The new (horizontal) boiler (which when full of water will weigh about 200 kg was placed on two horizontal beams by an ordinary carpenter. The construction was not assessed by a qualified structural engineer or chartered surveyer which raises questions of safety as it stands directly above the bath tub.
The person in charge working for the landlord was asked in writing this question but two weeks later there is no reply:(1) What guarantee can the landlord provide on the static strength of the suspended/false ceiling in its capacity
to sustain the weight of the new horizontal boiler (especially when it is full of water) (given the vibrations of the
building due to the heavy traffic on the main road) ? For safety I would have thought that a static assessment by a structural engineer or someone appropriately qualified is needed.MY QUESTIONS TO YOU: 1) Is there an authority to which to address this matter that can hopefully oblige the landlord to carry out a structural safety survey? 2) Is the tenant entitled to rent compensation for loss of amenity (can it be called so?) for two weeks with no hot water and disturbance during the extensive works? Is it reasonable to ask the landlord to accept no rent for the duration of the works?Looking forward to your reply,Kind regards,Leonidas
0796 22 44 33 0
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Leonidas
I am sorry but I don't specialise in Landlord and Tenant. If you post this as a new question - one of my colleagues will be able to assist.
Kind Regards
Caroline
Customer: replied 1 year ago.
Hellow Caroline, Do you practice law in London? Are you familiar with trust dees and questions about taxation?Kind regards,Leonidas
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Leonidas
Northern Solicitor here! Also very little knowledge in this area. Sorry but thank you for thinking of me.
kindest regards
Caroline
Customer: replied 1 year ago.
Dear *****, Your replies are confident and authoritative and I thank you very much for them.Kindest regards,Leonidas
Expert:  ukfamilysolicitor replied 1 year ago.
Thank you for your kind words Leonidas!
Customer: replied 1 year ago.
Hello Caroline,Did you have the chance to ''speak to one of [your] conveyancing colleagues today?Kindest regards,Leonidas.
Expert:  ukfamilysolicitor replied 1 year ago.
.
Customer: replied 1 year ago.
Goodmorning,Re: your blank answer on 25/11/2015 05:45I received a message that my last question was answered but the space is blank.Please repeat.Thank you.Kindest regardsLeonidas
0796 22 44 33 0
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
So sorry about that - not sure why the text isn't there!
I have spoken to one of my firms conveyancers and I am informed that pre completion checks will take place in addition to the checks prior to exchange. The pre completion check will include the land registry search and the notice lodged by you - which will then prompt the solicitor to make enquires.
In my own opinion, not that of a conveyancer - it is worth just getting in touch with the conveyancer once you have confirmation from the Land Registry - and letting them know your position.
Kindest Regards
Caroline
Customer: replied 1 year ago.
Thank you Caroline. You are very helpful!
Northern solicitors like you are the best!Kindest regards,Leonidas
Expert:  ukfamilysolicitor replied 1 year ago.
Your very welcome.
Kindest Regards
Caroline
Customer: replied 1 year ago.
Hello Caroline,Today I received a reply from the Land Registry which they received 24.11.15; and they write it cannot be completed until I reply dealing with the following:
1. you cannot register a Home Rights Notice if your spouse or civil partner is the only person with in the property.In this case your spouse or civil partner owns the property with ***** *****-Farlow.Please explain why you think your spouse or civil partner is the only person with ab interest.My reply will be: The property (which currently on sale) is the matrimonial house of Leonidas Xanthis and Eugenia Panagiotopoulou living with their daughter Eleni Xanthis since the first date it was purchased 24 years ago.The lawyer ***** *****-Farlow who created the Trust Deed (D K-F) appointed himself as co-trustee along with my wife Eugenia Panagiotopoulou. D K-F does not own the property. He is only a trustee. Because he is now retired as a lawyer he has asked ti be replaced as trustee of this property.Point 2. The only other person who has interest in the property is my daughter Eleni Xanthis who lives with her parents in this property.Dear ***** , do you think this answer is sufficient ?Kindest regards,Leonidas ***********
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Leonidas
I do think this explains the situation - however I also advise you to call the Land Registry to speak with the case worker so that you can explain the situation about the Lawyer Trustee. I would hate for this to be rejected again - when they can tell you what they would expect from you in the phone.
0300(###) ###-####
Kind Regards
Caroline
Customer: replied 1 year ago.
Dear *****,Tomorrow I will call (again, today was absent) the case worker at the Land Registry to enquire re the Lawyer-Trustee [Trustee being a company authorised to undertake trust business] as you suggested (Below I copy some relevant parts of the Trust Deed, to give you some background).Another question.''3.20 Clause 30 (of the Trust Deed) makes it clear that neither the Settlor (Georgia Panag...) nor her husband (now deceased) nor Eugenia's husband (myself) during Eugenia's lifetime can benefit in any way from this Settlement''.This is worrying. It is the last of a summary of the clauses of the Trust Deed which interprets some of the legal jargon of the Trust Deed.How do you interpret this vis-a-vis what we have discussed before ? (that normally there is a 50-50 split between spouses of the 50% share from the sale of the matrimonial home. the other 50% is daugher's share that the Trust Deed dictates on her 25th birthday).Any overall advice?Kindest regards,LeonidasPS
BACKGROUND:Regarding the role of the Lawyer TRUSTEE (There are two trustees. One trustee is Eugenia (daughter of the Settlor, my wife) and the other is ***** *****-Farlow (LAWYER).Reading at the beginning of the Trust Deed:
(known as GEORGIA PANAG... Settllement).This Settlement is made the 24th Sept 1992
BETWEEN
(1) Georgia Panag... ..of ...Street in Athens, Greece (''the settlor'') and
(2) Eugenia Panag... of 73 Egerton Gardens London SW3 (''Eugenia'') and ***** *****-FARLOW of*****London EC2 (''the original trustees'')Clause 1 (c): ''The Primary Beneficiaries'' means ''Eugenia'' (the Settlor's daughter) and Eleni the Settlor's grandaughter born 15th March 1989 and any children of Eugenia born before the firsy child attains the age of 25 years [My NOTE
: There are no other children apart of Eleni; there are 31 clauses].The Schedule £281,294 wasSigned and delivered as a Deed by the said GEORGIA PANAG......
in the presence ofSigned and delivered as a Deed by the said EUGENIA PANAG...
in the presence ofSigned and delivered as a Deed by the said ***** *****-FARLOW
in the presence of
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
From a matrimonial perspective - I don't consider that a Family Judge wouldn't consider themselves bound to the Deed of Trust. A Family Judge would likely consider the same but in the prospective of fairness and meeting needs. A family court would likely have your daughter as intervenor in any such proceedings.
As this is a 3rd party deed - I think it would also be wise to consult a trusts lawyer.
Kindest Regards
Caroline
Customer: replied 1 year ago.
Helo CarolineWhile things on the sale of our house are progressing and i was refused to registrer with the Land Registry (they said the house is registered in two names, namely the two trustees one being my wife and the other the lawyer who made the trustee).To make things worse, a few days ago the conveyancing lawyer sent to my wife a couple of pages and asked for the signature of any other person living in the house and I signed but i did not keep a copy - so I do not recall what I signed for.Can I now contact the conveyancing lawyer to ask for a copy and perhaps say that I revoke my signature on account of ...Thank you .Leonidas
0796(###) ###-####
Expert:  ukfamilysolicitor replied 1 year ago.
Hi Leonidas
I suggest you call the land registry and ask them to confirm what the issue is.
In respect of the solicitor - your not her client so I doubt she'll give you any info
If you seek to stop the sale your going to have to look to make an application to court urgently,
Kind Regards
Caroline
Customer: replied 1 year ago.
Dear *****,Yesterday (18.12.15) we were informed that the exchange of contracts for the sale of the matrimonial house was completed.
I think this means the buyer will deposit to the sellers' (my wife and daughter) lawyers 10% of the purchase price (£2,375,000) and the total amount will be made available to the seller's on the completion date which is March 30th 2016 or earlier by agreement. Asking at this stage the Land Registry the reason whe they refused my application makes no difference.My wife and daughter have already identified two 2 bed flats each costing £900,000, one to be put in the name of our daughter and the other in the name of wife and daughter botrh operating under the same trust (which is obscure to me).My questions.
1. Is it possible to make a court injuction in order to freeze the process before completion? Meanwhile I am now seriously thinking to begin the process of divorce.
2. Do you know any experienced divorce lawyer to recommend? (By the way I have exchanged 2, 3 emails with a law firm
which I will copy to you below - who seem too expensive. I think there must a cheaper way to the process they suggest)
3. Do you know of any Trusts Lawyer to suggest?All along I have been reluctant to make more drastic moves (i.e. file immediately for divorce) before making all possible efforts to resolve matters reasonably by mutual agreement with wife and daughter.But they are unreliable and oscilatting back and forth with promises and invoking the provision and security of the trust deed (for tax purpuses and later for inheritance tax) which maintains a confused state of affairs which I have come to realise it is all on purpose.I think I should ask my wife to go to a lawyer to sign a post nuptual agreement and if she refuses to commit herself then to file for divorce.Two days ago I have sent an email to the (co) trustee lawyer (now retired) copied to both my wife and daughter hoping that he gives some advice to my wife while at the same time letting them know that I receive legal advice. Although I clearly state in that email my aim is not divorce I have not excluded it. No reply yet. He will most probably write back saying he is unable to give advise.My email to the trustee is given below.Thank you for advising me.kindest regardsLeonidas
0796(###) ###-####LETTER FOLLOWS
TO THE TRUSTEE RETIRED SOLICITOR WITH APPENDED E-MAIL TO ME FROM A LAW FIRM
Customer: replied 1 year ago.
Leonidas Xanthis
Dec 16 (3 days ago)to kingfarlow, Eugenia, Eleni
Mr ​David ​King-Farlow,​ Solicitor​*****London SW13 9QEDear Mr King-Farlow***** London SW6 3TA​I am addressing myself to you in your capacity as a ​(​co​)​trustee to the above property which is currently on the final stages of being sold.​As you ​know, ever since the property was purchased ​and the trust deed was created ​in 1992 ​it has been ​the matrimonial h​ouse ​of​ ​Eugenia ​​Panagiotopoulou​​​, my wife and your co-trustee, and our daughter Eleni Xanthis (my wife and I were married in the UK on June 8 1984). ​​Since the sale process started and​ ​​my wife was not confident to negotiate she asked me to take over and the first thing I did was​ ​(because of the ominous contractual terms Eugenia and Eleni had signed​) to disinstruct the estate agent JD Wood ​ju​st before ​the cooling off period expired and an independent buyer had just appeared (due to my activities I must add​)​​which s​aved ​us 1.5% of the finally agreed price of £ 2,375,000 (asking price was £ 2,400,000)​. My dealing with the buyer's agent result​ed ​in an increased offer by £ 75,000​. Thus ​my involvement benefi​tted us by ​a total of ​more than £110,000.(Incidentally, had Eugenia not arbitrarily written in the midst of my negotiations to the buyer's agent interrupting/accepting his offer prematurely the likelihood is that we would have achieved a higher price​ based on house sale​ statistics and forecasts).Ever since the buyer ​appeared ​ and the sale price ​was​ agreed and the process is at the hands of lawyers I am left in the dark as to what exactly is happening leaving me in doubts as to my next accommodation w​ith the danger ​that our house will not be ​available with vacant ​of ​possesion for the buyer.As I find the future plans of Eugenia obscure not least due to her or me not knowing the nitty gritty of the provisions of the trust I find myself in the unenvious position of risking to be in the streets because there is nothing on the table to ​reassur​e m​e​ ​of my ​position ​after the sale of the ​house​. Prudence dictated that I contact a law firm for advice ​and they ​are more than eager to take ​on ​the case ​of ​protect​ing ​ my interests​. Below I have appended their advice and ​preliminary​ estimation saying that ​depending on circumstances​ I am entitled to more or less 50-50 division of Eugenia's share​ of the sale price​ if issues remain unresolved ​which​ will ​ inevitably lead to​ separation​ and ​divorce​.However divorce is not my aim​.​To avoid such​ a​n accident from ​happening​ due to ​a ​mixture​ ​of misunderstandings, intransigence or mishandling the case of the sale and the purchase of a new property (now identified at 22 (2) Acfold Rd SW6) I am writing to you in the hope that you ​will advi​s​e ​Eugenia (and ​​​secondarily ​​myself) as to what is the​​ best, ***** ***** most honourable way forward ​to​ be fair to all sides.(For your information my unease or grievance goes back to the beginning of the purchase of the property in Coniger road when the original trust deed made the explicit (​provocative and ​​​absurd in my view) provision ​that in the case that Eugenia and Eleni were not alive and I w​as​​​, the beneficiaries were to be her​ (​demonstrably ​alianated among themselves)​ siblings​ (​!​) rather than myself who was ​providing​ ​for the family​ needs and bills​, ​paying for the ​house​, car​ and health isurance​ and other ​​undergoings​ ​and ​above all for ​Eleni's education​ (plus the fact that the house was made a beautiful place to live by furniture, paintings and other art pieces I have bought).I ​ have ​found ​th​at provision​ ​​unfair, insulting​ and unethical to say the least)
​I hope you understand my predicament as to which way I should now proceed​. ​I am sure your ​ ​guidance​ ​and ​assistance ​will be invaluable ​and much appreciated by all concerned.​Finally, ​before closing I would like to ask you and be way of ​copying this ​​ask ​both my wife and daughter:​a​. ​ ​​Is there any obstacle ​adding my name as an additional ​ trustee ​​together with Eleni​ now that I think you wish to retire​ ​from ​it​?​​b​. ​​Is there any reason ​for the trust to continue to exist after the sale of the house?​​c​.​ ​​Considering the foregoing is it not advisable that the ​purchase of the ​new flat at 22(2) Acfold road, be ​put in joint names ​(including mine) and in percentages that reflect and safeguard everybody's interests​ (here I would refer to​ Eleni's agreement, her email​:​ ​​​''breakdown of financial plan''​ sent ​to ​both her parents​ ​on Dec.4 2015​​​ outlining as appropriate the ​(50-50) division of assets while it all remains in the family. This seems to me reasonable ​and acceptable​ if ​supplemented ​by a-c).
​Thank you for reading ​and taking interest in this.​Kind regards,​Leonidas Xanthis(Prof LS Xanthis)
0796 22
Customer: replied 1 year ago.
Appendix
From: Christopher Bilmes – Bilmes LLP
Date: Sat, Nov 21, 2015 at 5:02 PM
Subject: RE: Xanthis re: Protect property interests and Re: Family law question
To: ***** *****
Cc: Anthony Bilmes - Bilmes LLPDear Professor
If only law and especially family law were like even my rudimentary mathematics there would be a greater degree of certainty which regrettably parliament and the judges have not yet succeeded in giving us.
However what we can say even at this stage is that absent any special circumstances you have not yet disclosed to us we would expect your daughter’s half share to go to her untroubled by the financial dispute between her mother and father. We would expect that the remaining half would be treated as the joint property of both your wife and you and that on divorce we would expect an equal division of all of that joint property thus considerably enhancing the share which has been offered to you from £200,000 to somewhere approaching £600,000. The figures set out here cannot of course be relied on until we have taken from you full details and have been instructed.
It is likely that the dispute would be settled, or certainly that very stringent attempts were made to do so, before the case got before a judge in any meaningful sense. Parties are obliged at the very least to try to resolve disputes without troubling the court and although certain preliminary hearings are common having a judge make a final decision about family finances is rare.
If you would like to proceed I will get the formalities underway and provide our terms of business and you and we will agree our fees and their payment. Given your income as disclosed to us and the assets it is likely that we will ask you to fund the fees by borrowing them from a legal costs fees funder those fees then being repaid from your share of the matrimonial home when matters are resolved.
I await hearing from you.
Good wishes
Yours
Christopher Bilmes
Christopher Bilmes
Partner - Mediator
For and on behalf of Bilmes SolicitorsThree Kings Court*****London EC4A 2DQ
(D) +44 (0)20 7842 0701
(T) +44 (0)20 7490 9656
(F) +44 (0)20 7253 3181
DX 272 Chancery Lane
www.bilmesllp.com
Expert:  ukfamilysolicitor replied 1 year ago.
Good Morning Leonidas
I will have a look at this for you and rerun to you ASAP.
Kind Regards
Caroline
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Leonidas
My apologies for my delay in responding - hectic day ;)
My worry with a freezing injunction - is that this is only a temporary measure, not granted lightly and the essence is to prevent the dissipation of assets in contemplation of divorce. This creates issues when you are not sure of divorce.
Sorry I haven't got enough local knowledge in respect of London Solicitors. Have you tried the law society postcode search?
Kindest Regards
Caroline

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