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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2734
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My father has split with partner of 14 years. He sold my Nan's

Resolved Question:

My father has split with partner of 14 years. He sold my Nan's house and put the money into his partners house. the house is only in his partners name. They they have split up she refuses to pay back any money or split assets. He was paying for everything, bills, mortgage etc and can prove it. She cannot produce any proof and does not work full time.
So far she has ignored solicitors and claims he was a lodger etc. She has not produced any documents and it is going to court at great expense.
Can my dad's solicitor file anything to the court that it is ruled in his name by default as she will not produce any evidence? he is claiming 35% of property value (to which she sent a letter asking a solicitor to write it up some years ago, he has a copy)
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. Please confirm if they are/were married?
Customer: replied 1 year ago.
No they were not married
Expert:  Harris replied 1 year ago.
Thanks for confirming. The initial legal position would be that the property is solely hers as the title is in her sole name. However, he will need to prove that there was agreement that his contributions would create a share of the property for him and the reasons why he was not added to the title may help his position. The letter she sent asking to "write up" his share may have been to add him to the title as a tenant in common in unequal shares and this will demonstrate their intention. He will not be able to automatically have the court transfer a share to him but he will need to prove that there was intention that he obtain a share of the property.Please provide a positive rating if you found this information helpful. I will not be credited with answering this question without a positive rating. Thank you
Customer: replied 1 year ago.
So they are going through that process now. They went to court for cmc where the judge asked that she produce all the necessary documents to support her defense. None of which she has issued. If she does not issue anything at all, can my dad's solicitor apply for it to be agreed by default? Otherwise it will get all the way to court and be a waste o f time.
As i say he can prove the intent for 35% share in the house and he paid EVERYTHING whilst she had no income to support herself for the duration of the relayionship
Expert:  Harris replied 1 year ago.
If she is not able to provide the evidence directed by the court, the court will rely on his evidence. It is unlikely that the court will order it by "default". iI is therefore important that he obtains as much evidence as possible.Please provide a positive rating if you found this information helpful. I will not be credited with answering this question without a positive rating. Thank you
Customer: replied 1 year ago.
If she does not issue anything what can be done to avoid court?
Expert:  Harris replied 1 year ago.
His solicitors can put forward offers to settle. For example there will be options to have letters which are not disclosed to the court in an attempt to settle or open offers, which will be disclosed to the court. In the event that she refuses an open offer, and the court grant a similar order to the open offer, then he can apply for a costs order against here - therefore she will be liable for all or a portion of his legal fees.
Customer: replied 1 year ago.
The offers process she has ignored. IS there no way of stopping it going to court because the judge has relied the evidence prior. She has none and he has issued everything.
Customer: replied 1 year ago.
*reviewed the evidence prior
Expert:  Harris replied 1 year ago.
Thanks - she obviously does not need to accept any offers put forward, but as stated previously if they are addressed "without prejudice" then the court will not know that this has been put forward, and he may wish to discuss with his solicitors putting in an open offer so that there could be a potential costs liability against her. There is no way to stop going to court if she is not agreeing to negotiate and it is in his interest for it to continue if his solicitors think he has good prospects of success as there will be no other way to secure his interest.
Expert:  Harris replied 1 year ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.
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