Welcome to Just Answer
I am a Solicitor and will try and assist you.
Please can I ask you to clarify for me the figures.
Is the 80-85k profit not including the 100k that you put in?
Thank you for confirming that for me.
The Law that deals with property disputes for unmarried couples is the Trust of Land Act. This remains the area of law – unless you married – which you have not stated – so I will presume that you did not.
The staring point for the court in a Trust of Land Act Claim – is that Joint Tenants are each entitled to an equal share of the equity.
That being said – your contribution was substantially more. You have also stated that it was always the intention that you would receive your deposit back. This must have therefore been verbally agreed with your ex at the time.
You need to seek a copy of the conveyancing file. There may be within that file some record of what both you and your ex’s intentions were at the time of the purchase.
If your ex is now disputing this position - It is possible for you to make an application to Court under the Trust of Land Act for a Declaration as to your the interest in the property.
There is no guarantee that the court will deviate from the starting position but with such a large deposit and if your ex was to confirm the verbal agreement then it may well might ring fence your initial contribution.
Litigation is a risk and a fully litigated case of this type would be in the region of £7 – 10k but weighed against the size of your deposit this may well be a risk that you want to run with.
You may want to give consideration to Family Mediation before you apply to court. Family mediation is informal but can try and help you both reach an agreement without the need for court. There are lots of mediation services and there will be one local to you.
Just google family mediation in your area and give them a call to get the ball rolling.
In respect of the legal advice – if you are of the position that this was not pursuant to your instructions then a claim does need to be considered. Requesting the file will assist you in the first instance. Once you have a copy of the file – you can look to puruse a negligence claim.
Let me know if I can help you further.
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Thank you for your response.
The inconsistencies in respect of the papers that you have retained from the transaction at the time do appear inconsistent.
You have now found yourself in a difficult position in respect of the legal advice, or possibly lack of legal advice, that you received at the time.
It should have been explained to you exactly what the difference were. It is therefore very important that you now obtain the full file.
This type of advice is key to this type of transactional circumstances involving a deposit being paid from only one party.
In respect of a Trust of Land Act claim – you can claim costs if you win. This does work both ways. A well timed Part 36 offer (offer to settle at fixed sum) can protect your position in respect of costs. This means that if you offer settlement and she refuses and then she later gets awarded less then what you offered – then this restricts her claim of costs against you – and makes your easier.
Let me know if I can help you further
Glad I could help reassure you Richard