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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33276
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I split with my ex a few years ago (unmarried 2 children)

Customer Question

Hi
I split with my ex a few years ago (unmarried 2 children) and sold the house, but as she owed me money for loans and repairs whilst being out of work the split is not 50/50.
She signed a spreadsheet in 2012 containing money she owed me, and has now after various emails and failed mediation is accepting some of them with additions I had to make to get the house fit for sale.
The house sold and the proceeds are in a joint holding account at a solicitors.
I have already taken her to court (unrepresented) for the money loans (catalogues car repairs etc) and was awarded all of the money and costs. The judge said that he could authorise withdrawal of the amount from the joint account without her signature. (im waiting for a response from the solicitors).
The judge recorded that:
1 the defendant accepts in principle that the sum claimed is due to the claimant.
2 all the sale proceeds of the property out of which the sum is to be paid are held by x&x (solicitors).
3 the only reason why the defendant has refused payment..........
4 TOLATA proceedings will have to be commenced in respect of the sale proceeds of the property. (i mentioned tolata and regret it now?)
And ordered that:
1 the claim be stayed with liberty to restore
2 x&x (solicitors) shall pay to the claimant out of the monies held £££
I am now going to apply through the small claims again for the remaining loans which are more to do with the property repairs but am frightened that the judge will not allow to proceed without a TOLATA claim which involves lots of time and money.
Q. can I make the claim without TOLATA being involved. I have the signed spreadsheet, a list, and an email showing what she was willing/offering to pay for which I am now recovering.
thank you
Submitted: 10 months ago.
Category: Law
Customer: replied 10 months ago.
The house was in joint ownership and was purchased with the intention to renovate as of the previous house we had and sell in five years after renovation.We had a verbal agreement before purchase where upon viewing the house I stated that I didnt like the house so what was the plan. She replied with We can use it as a stepping stone to do up as you said and sell to make a proffit and then get the old house you want. I replied with ok then we do it up and in five years we're out.There was no hand shake or written agreement.I continued to do up the property until the recession kicked in and then the relationship failed. She signed a spreadsheet of accounts in 2012.After advertising the house she asked me to lower the house price and get rid as she only wanted 20k which I did where now she wants 30k!She now says she was under duress in signing the spreadsheet?Its unfair that people can get away with lying, but I cant give in to her , its all ive ever done, but I put over ten years into my plans of renovating houses as I have no pension and didnt expect her to be so dishonest.Tolata sounds very expensive and goes into detail that is not required
Customer: replied 10 months ago.
She also stated that i would get my 45k after she paid back her loans to me which is why I was able to lower the house price to give her 20k. Now she wants 30k.She has accepted in an email that she did say she would accept less but not now after realising how little money she has to bring up the kids. csm have told me how much i will pay which I have never avoided but merely held back to her demands of more money than I can afford.She demanded more within the relationship and still continues to after it has gone, and is now being devious to try and get it.
Customer: replied 10 months ago.
we have tried mediation and she is taking the fifth ammendment on all the accounts of money she owes me , and has stated that I wont contribute for the children , and is trying to account for the next ten years!I should not be a slave to her overspending anymore
Expert:  Clare replied 10 months ago.
HiThank you for your question My name is ***** ***** do my best to help you but I need some further information firstHow old are the children and where are she and they currently living?How much is currently being held by the solicitors?
Customer: replied 10 months ago.
ref tolata question.children 7 and 11, they live with their mother, about 63k.NB my next case will only be for 3.9k for the loans/repairs and not claiming for the house proceeds as yet. ref question about whether I should proceed without using tolata as I may just accept the half that is left after this case. I have maintenance arranged.
Customer: replied 10 months ago.
I am happy with the mother having them full time and have read and had details where I think you are going regarding the money left and the children but I just want the money she owes me.Q recap will tolata be involved or will the case be treated in its own right of what I am claiming for contractualy
Expert:  Clare replied 10 months ago.
Hi
is she in social housing, private rental or living with someone else - as frankly TOLATA is not the major risk
Clare
Customer: replied 10 months ago.
?
We are not married.The judge never mentioned any of this and my next case is still contractual for money she owes me and I am not disputing more than 50/50 split of the proceeds as yet.rented private and possibly living with someone else.Another major risk?Q. Will the judge not look at my case without issuing tolata proceedings?
Customer: replied 10 months ago.
the final amount is still under negotiation were she has offered a settlement and so have I , and now you say there are more risks and almost implying I accept her lower offer than my signed pieces of paper and emails - even though I am paying maintenance, not married , the house has sold and none of us live there, we have been to mediation and she can still hold me to ransom with something even worse than the cost of a tolata case?!Can I please see your qualifications to be able to answer this question which you haven't yet
Customer: replied 10 months ago.
I would have thought that with what I have told you the question would have been pretty simple - You either think the judge will look at the contractual aspects of my claim or dismiss and refer to a tolata claim?
Expert:  Clare replied 10 months ago.
HIIf your ex seeks face to face legal advice then she will be told that using Schedule 1 of the Children Act you are under a duty to help her house the children until the youngest is 21 - and that if she is not in a relationship she can apply to the court for an order releasing the total of the funds to her to allow her to purchase another property (assuming it is large enough) and you will have to wait for your share until the youngest is 18If you are willing to risk this then the problem you will face will be that the claim you are making is based on an agreement regarding the renovation of a property and monies spent on it and I do believe that the Court may well dismiss the claim and say that it is more properly dealt with under a TOLATA claimThe Court cannot issue proceedings - they can simply say that the proceedings you have issued are not the correct ones and given the basis of the claim there is every reason to think that this is what will happenI hope that this is of assistance - please ask if you need further detailsClare
Customer: replied 10 months ago.
no more questions thank you
Expert:  Clare replied 10 months ago.
You are most welcome - just keep her away from lawyers
Customer: replied 10 months ago.
You should only apply for a Residence Order if you and your partner cannot come to an amicable arrangement relating to the living arrangements of your children
Expert:  Clare replied 10 months ago.
This is nothing to do with a Child Arrangement Order - this is about financial provision
Customer: replied 10 months ago.
oh.
Ironic that im lodging at my friends/partners and I want the money for my own home!!
Customer: replied 10 months ago.
nuts!! was talked into buying the house by her and agreed only to do up. she ells me to lower the price as she only wanted 20k. Now she wants 30 and she can take my share too for 11years!!
Customer: replied 10 months ago.
which is why were in this mess!
Expert:  Clare replied 10 months ago.
How much does she owe you for the restoration?
Customer: replied 10 months ago.
4k is what shes signed for and offered to pay for. another 3k I had to spend to get it finished and sold. She paid the loans back during my last court appearance of 3.5k but theres another 3k that she hasnt accepted including half the moregage that was double what her rent was
Customer: replied 10 months ago.
She really stitched me up!
Expert:  Clare replied 10 months ago.
Were you living in the property during that time?
Customer: replied 10 months ago.
yes , and 4 years after the break in separate rooms to finish and be there for the children it was the hardest thing I ever had to endure. It was all amicable until she changed from wanting 20k to 30k after the house sold. Leaving me with little to buy somewhere to start doing up again.
Expert:  Clare replied 10 months ago.
The problem is that if there is a TOLATA application you are only likely to get 50% of the proceeds - less the money she owes you - and you will not be granted the half of the mortgage for the period of time you were living in the property and she was not.
Customer: replied 10 months ago.
Ill probably be ok with that as long as I get back the loans what she signed for and said she would pay for. Its just that shes gone back on her word and I continued to finish the project where I lost my new caravan , van, car and nearly the house because of the recession and she just sat on her backside. Its the court fees that will hit me. Shes basically offering me less and lying to gain as much as she can because she knows that if I go the full hog in court it will cost lots. Which is why im trying to split it up into smaller amounts to show that emails and signed documents (not official) and contracts can be verbal to try and stop this idea that she can just lie and continue to think that shes the queen and everyone will continue doing everything for her. She used up all of my energy and taken away my dream and life plan ever since leaving university when I met her 16 years ago. My intention was to have four houses renovated to retire abroad. That was the 2nd one and im looking at going straight for the one abroad next now that im 47 and taking advantage of the cheap fincas available in Spain. I need 45k and with paying the 170k mortgage off would have left me with that after giving her the 20k she wanted after lowering the house price. I had to have a new engine in my van at 6.2k last year and she left me with debt of 17k which ive almost paid off. It cant get any worse. Justice should prevail its so unfair that people can lie and spoil other peoples lives and get away with it. If I had the money I would go the full hog to stop her from doing this. She came into the relationship with 8k debt and I re-mortgaged the house twice after she got more debt.
Expert:  Clare replied 10 months ago.
I understand how you feel - but this may be the point to cut your losses and be well rid

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