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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34280
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I came out of hospital last August and after days 5 wae

Resolved Question:

I came out of hospital last August and after days 5 wae forced out of our bungalow I have been with my partner for 20 years and I paid 2/3 the cost of the bungalow on the death of her monther when I wanted to sell the bungalow I was told that the bungalow was left to my partner in trust from her mother we have obtained the tr1 form that confirms that I do Own 1/2 of the property I have spent £6000.00 to date to get the bungalow on the market and prove that I do own 1/2 of the bungalow if my partner was under the Impression that it was left to her in trust can I try and take her to court to refund my cost regards ***** *****
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first.

Is the property now on the market?

Customer: replied 1 year ago.
No we have issued a D 36 and have made 2 good offers that have been refused I am sill paying the mortgage but they want me to carry on paying until the bungalow has been sold she point blak refuses to pay any part of the morgage I am sill not in work as the 1st op failed and a 2nd op was carried out in March I am paying rent fot a flat and my savings are going down we have sent a Pre-action letter that expires on the 7th of this month I feel that I have been force to pay cost for her behaviour as there are no children or dept in involved it really is quite simple 1/2 each regards lloyd
Expert:  Clare replied 1 year ago.

So you were married to each other?

Customer: replied 1 year ago.
No
Expert:  Clare replied 1 year ago.

Then could you explain what you mean by a D36 please

Customer: replied 1 year ago.
Sorry I ment Part 36 document that is used when the other side will not agree
Part 36 means that we are makeing an order to go to court to asks the judge to make an order to put the bungalow on the market lloyd
Customer: replied 1 year ago.
I am on high a level of morphine due to the pain that I am in I wll call you tomorrow when my head is clear best regards lloyd
Expert:  Clare replied 1 year ago.

Ok

Has a Court applictaion already been made or not?

Customer: replied 1 year ago.
We will apply for a court date after the 7th July that will be the 7 th day that they have to reply I have not heard anything to day so tomorrow is the last day regards lloyd
Expert:  Clare replied 1 year ago.

When you make the applictaion to the court then yes you can claim costs - but please make sure that your solicitor does not delay applying any further - it is clear she will not settle

so you need to let the court deal with the matter

Please ask if you need further details

Customer: replied 1 year ago.
Clare
To be appserlotey sure I mean all my cost including my lawyers cost to date not only the court cost
I was in a lot of pain last night and have only been able to put of bed this is a man that has been self employed for 30 years not me at all
I just want to make sure that you know all my cost to date best regards lloyd
Expert:  Clare replied 1 year ago.

How much you recover of the costs is a matter for the court to decide and I am afraid there is no other way of recovering the excess

Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Clare, thank you very much for all your help at least I know where we're I stand best regards lloyd
Expert:  Clare replied 1 year ago.

You are most welcome I hope all goes well