How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

2 people that are in a civil partnership get a loan to purchase

Resolved Question:

2 people that are in a civil partnership get a loan to purchase a lease on a commercial property to run their salon business.
After 13 months 1 partner has an affair and leaves the other and th business. The partner that leAves accepts a payment as a buy out from the business and signs a document stating that. The document is signed by both partners and witnessed by 2 people. It was not a solicitors document but both partners have copies.
After a further 10 months, the partner that remains in the premises running the business and paying all fees towards the lease, business and original loan.
The civil partnership has now been legally dissolved, and the partner that left has been removed from the loan document and obligations and removed from all business accounts.
The partner that left is refusing to sign a financial consent order to close off any claims either may have in relation to the civil partnership, and has also refused to sign the solicitors document sent from the landlord of the commercial premises to remove her from the lease.
She now wants to re-enter the premises, change the locks and make use of half of the premises and furniture. Can she do this?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.On what basis does the person want to do this, bearing in mind they have signed a document signing over the business?
Customer: replied 1 year ago.
They are instructing their father to come to the premises on the 18th April to gain entrance with a lock smith.
I think she wants to use half the premises as a salon. It is already a salon. She believes she owns half of the furniture too!
Expert:  Ash replied 1 year ago.
Has the lease been transferred into your name, or is it still joint?
Customer: replied 1 year ago.
It is still joint, the paperwork to remove her and leave just me on it was sent to her in December but she has not responded
Expert:  Ash replied 1 year ago.
Ok - but she signed a document to say she had no interest in the business?
Customer: replied 1 year ago.
Yes that's right
Expert:  Ash replied 1 year ago.
Ok - then you dont have to let them in, they have no right and no interest in the property. You should get a Solicitor to write and say you will seek an injunction if they try or attempt to try.You can do this by completing form N1:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdfN16a:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdfThe Court will list the matter for hearing and decide whether to make an injunction. If the Court does and it is breached then its contempt of Court, which they can be warned, fined or sent to prison.But get a local Solicitor to write and warn, that may do the trick.Can I clarify anything for you?Alex
Customer: replied 1 year ago.
So even though she is still on the lease for the premises she can't enter and take over half of it? I know she was bought out of the business but does it matter that it wasn't a solicitors letter?
Expert:  Ash replied 1 year ago.
Correct, there is a signed agreement, its a contract no matter how you look at it.
Expert:  Ash replied 1 year ago.
She has no standing. Does that clarify? Alex
Customer: replied 1 year ago.
Great thank you
Expert:  Ash replied 1 year ago.
Good luck with this.
Expert:  Ash replied 1 year ago.
If I could also ask you to rate before you go please, so the site pays me for the time spent with you today. Have a great weekend.
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions