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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33307
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Clare On 31/10/15 you answered my question regarding

Customer Question

Hi Clare
On 31/10/15 you answered my question regarding suing my ex husband for monies regarding the sale of the family home. You recommended that I claim money for repairs to the property using the small claims procedure but that I should apply for enforcement within the divorce proceedings for monies that I had had to spend to make a sale possible. You gave me a link of http://hmctsformfinder.justice. I do not want to go over old ground unless you feel it useful. I am just plucking up the courage to do this but at the time I failed to ask you how this works. Is it something I can do myself or should I need the input of a solicitor. Do I fill in the form to the best of my ability then send it to the court where the order was made? Do I address it to the relevant judge? How do I know what fee to pay? (NOTE: If you are applying for a specific method of enforcement you should complete the appropriate application form and pay the relevant fee for that application.) Will I need to appear in court? Do I inform my ex husband that I am doing this and/or send him a copy of the form? What might the costs be involved? Please can you give me guidance on how to proceed and the possible outcomes in terms of what it will require of me?
Submitted: 7 months ago.
Category: Law
Expert:  Clare replied 7 months ago.
Just for clarity - these were extra legal fees you paid to put the title right so that the property could be sold
Customer: replied 7 months ago.
there were issues relating to boundaries, a flying freehold and rights of way that had to be settled before a sale could be made. I also had to instruct solicitors and a barrister because we defaulted on the mortgage (not by non payment of the interest only mortgage, I made the payments on that throughout) but the term came to an end and eventually after 2 years grace the building society wanted us to pay up in full. We agreed to sell to our daughter but there were last minute delays over the boundary issues which took 2 years to sort out then my ex pulled out and would not sell to her unless she found £40,000 more. We got him down to an addtional £15,000 but only after I bribed him £5,000 to do so. Through all this the building Society became impatient and when he eventually agreed they would not believe him that he would go through with it so I had to go to the family court for an order to be made saying he would sell and at the same time needed again to instruct solicitors to prepare for the next repossession hearing. Earlier when he pulled out I had to pay my half of the solicitor's bill for the full cost of a sale that did not happen!
I think that all these court cases were necessary to enable a sale to be made so want to claim half the costs from him. The property would have been repossessed without them.
Can I include them in the claim. Sorry it has become more complicated.
Expert:  Clare replied 7 months ago.
No it is all understandableWhen it came to the division of the proceeds of sale did you not ask for the Freehold and rights of way issues to be deducted as part of the sale fees?
Customer: replied 7 months ago.
but he refused and my solicitor did not advise me that I should do anything further but appeared to accept the situation as unresolvable so at that point so did I. The solicitor handling the house sale was pressing to get the division of the money.
Expert:  Clare replied 7 months ago.
Ok - they were legitimate costs of sale First step is to write to him and inform him that unless he pays his half of those bills then you will take action to enforce the Order.When he fails to pay you fill in the D50K and send it with the £95 fee to the Court that made the Order.A date will then be set for a hearing at which your ex can argue that he is not liable - and the curt can decide how to force him to payPlease ask if you need further details
Customer: replied 7 months ago.
Hi
Would it be possible for you to fill in the form for me with comments like list here the times and dates and what information is needed in each box as I get confused with terminology ? Thanks
Expert:  Clare replied 7 months ago.
Which part of the D50K is a problem?
Customer: replied 6 months ago.
Do I write all the details of how the amount I am claiming for is made up in section No 6 and in attached further evidence of the calculation? In the statement of truth do I sign it myself as at this point I do not have a solicitor acting for me? If my ex does not respond when I write or says no I then send the form to the court? Will there be time in court and will I have to appear and will I need a solicitor? Sorry so protracted an enquiry, a bereavement has taken up much time currently.
Thanks
Cherril
Expert:  Clare replied 6 months ago.
The calculation is half of the bills so that is what you put in there and yes you sign the Statement of Truth.You will indeed have to apply to the Court if he says no - a date will be set You will have to appear - but you do not need a solicitor

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