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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33293
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My former partner is selling the property we lived in which

Customer Question

My former partner is selling the property we lived in which I paid the mortgage for 10 years and also developed whilst there building a large extension and loft conversion during that time I have been split up for 12 years and have had a verbal agreement that she would give me 50k at the time , now she is selling the property is it possible to put a charge on it as I haven't persuaded the situ because of the children?
Submitted: 9 months ago.
Category: Law
Expert:  Clare replied 9 months ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstHow much is the property worth and how much is outstanding on the mortgageHas she said that she will not give you anything?How far has the sale reached?
Customer: replied 9 months ago.
Hi Clare
Property is worth and currently on the market for £500,000 the purchase price was 84 k in 1994 22yrs ago we split in 2004 said she would give me 50k then didn't , I never pursued it at the time as the children were 5 and 2 She has never offered me any since but has asked my children not to tell me she is selling the house ! That was today so trying to work out what to do ? As I put my inheritance into the property
Customer: replied 9 months ago.
And it was my son who told me she is selling the property today
Expert:  Clare replied 9 months ago.
Why is the property in her sole name?Who paid the deposit?
Customer: replied 9 months ago.
The property was in her name and she paid the initial deposit although I paid the mortgage and built a 85 k extension and loft conversion
Expert:  Clare replied 9 months ago.
How much did that increase the value of the house (percentage)
Customer: replied 9 months ago.
It would of increased the value by approx 35%
Customer: replied 9 months ago.
?
Expert:  Clare replied 9 months ago.
My apologies for the delay - my answer appears to have disappeared into the internet etherYou have a clear claim on a share of the proceeds of sale maybe 35% - possibly more given that you also paid the mortgage.You can register your potential rights by way of a Notice on the Registerhttps://www.gov.uk/government/uploads/system/uploads/attachment_data/file/490319/RX1.pdfBut at the same time you do need to try and discuss matters with her using Family mediation.If that fails then you will have to apply to the courts for an order using the Trusts of Land and Appointment of Trustees ActYou can read more herehttp://www.slatergordon.co.uk/media/2347003/land-disputes-a-guide-to-procedure.pdfPlease ask if you need further details

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