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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2296
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Ex partner refusing sign any document regarding our house

Resolved Question:

Ex partner refusing sign any document regarding our house which we bought together and we split 9 months ago.
I asked him if I can buy him off from house be he refused.Went to solicitor to sort out ours issue and he not answered on emails from solicitor, then she told me to go try mediation , which I did but he still didn't answered for letters.
Submitted: 8 months ago.
Category: Law
Expert:  Harris replied 8 months ago.

Hi, thank you for your question. Please confirm:

-Are you in England or Wales?

-Is your name on the title, if so in what shares?

-Are/were you married to him?

Customer: replied 8 months ago.
I am living in England,.
Yes my end my ex partner we are joint owners of property, wad 50:50 share but i spent money for renovation of house, which I get loan. We payed 1 year loan together, but from may 2016 I paying all bills, loan and mortgage on my own.
We are never been married.
Expert:  Harris replied 8 months ago.

Thank you for confirming. As you are not married legally you are each only entitled to a share in accordance with how the title of the property is held (therefore 50-50). In relation to the loan, you would need to prove that there was agreement or intention that you would both jointly share the costs of this loan.

If he is not agreeing for you to buy out his share then you would need to consider pursuing an application to court to deal with this.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

Customer: replied 8 months ago.
Thank you. That will planning to do, but can I ask which form I have to fill in and would like to ask, how much the application cost and cost od court? And who will pay a cost if court? Me or my ex?
Can I go to court without solicitor if I can't afford it?
Expert:  Harris replied 8 months ago.

The form is form N1 and there is a £355 court fee to your local county court. You do not necessarily require a solicitor to represent you but of course that will make it easier to deal with to ensure the procedure and law is followed correctly.

Costs will be for you to bear and the court can consider your partner paying costs if he causes a delay to the proceedings or does not engage.

Customer: replied 8 months ago.
if I understand, the court will sign all documents instead of him uf he is refusing to do? And how much will all court cost, nor just application?
Expert:  Harris replied 8 months ago.

The cost of legal representation will vary depending on the solicitors/barristers you use but estimates would be in the starting range of £2,000 to £5,000.

Also, yes if he refuses to sign transfer papers (depending on the court making an order) a judge can sign it instead of him.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

Customer: replied 8 months ago.
One more question. How big chances I have to ask to court to pay all expences for a court from my ex if he refusing to communicate and sort out our issue? If yes can court charge the fee and other money from the lump sum which I will pay him?
Expert:  Harris replied 8 months ago.

The general rule is for the losing party to pay the other's costs in civil proceedings but the judge has discretion on this. You must follow all the relevant protocol, including pre-proceedings to avoid risking you having to pay any costs - you can see more here: https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-44-general-rules-about-costs

Harris, Law Specialist
Category: Law
Satisfied Customers: 2296
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and 2 other Law Specialists are ready to help you
Customer: replied 8 months ago.
Thank you very much Harris, hope I will soon sort out all issues . Giving you 5 stars

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