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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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It's a family property dispute I need advice on. My ex and I

Resolved Question:

Hi it's a family property dispute I need advice on. My ex and I cannot agree on his percentage of the equity. I live in the property with my son who is 17 and in full time education. The mortgage is due to be paid off in full by April 2018. I have been paying interest only for the past 10 years. My ex moved out 12 yeas ago and has not paid the mortgage at all since he left. His only contribution was 6 years of monthly mortgage payments totalling £50,000. We did some mediation 12 years ago when we drew up a Memorandum of Understanding which outlined an agreement to his percentage at 18.44% of the equity. We stupidly did not finalise this in writing however the MOU is evidence of significant intention. He is now saying that he wants more than this.I wish to sell the property however with his name on the Mortgage he will not consent to the sale. He says that as things stand he would automatically be awarded 50% of the equity.I have two main questions and a few sub questions
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 informtaion first.

Were you married?

Customer: replied 1 year ago.
I worked with you Claire last year on this. I am approaching court application as this seems to be the only solution. He will not do it so it's up to me to make an application. I am not working with an ongoing chronic health condition so ned to ask lors of questions re myfinancial and legal position
Customer: replied 1 year ago.
No we were not married. We attempted a new Mediation session late last year which was a shambles. I am confident in our original agreement as evidence of his agreement to a fair percentage that reflects his contribution.
Customer: replied 1 year ago.
I am aware that court could be time consuming and expensive. I'm fairly sure I would be entitled to some financial assistance, more importantly I feel that my ex is acting out and that we need a judge to make the decision for him. He will not tell me what percentage he would like to achieve only that he now disagrees with 18.44%
Customer: replied 1 year ago.
He has contributed nothing else to the maintenance and upkeep of the property over the past 12 years
Customer: replied 1 year ago.
You seem to have disappeared?
Expert:  Clare replied 1 year ago.

My apologies

Remind me - is your child also his child

Customer: replied 1 year ago.
Expert:  Clare replied 1 year ago.

Just to check - you do sill have the memorandum of understanding?

Customer: replied 1 year ago.
but only in draft. As I said we stupidly didn't finalise it.
Customer: replied 1 year ago.
hello?
Expert:  Clare replied 1 year ago.

In fact the written Memorandum that you have will be very effective and should be enough to convince a Court that the the division should be as agreed.

YOU will argue that the is the agreement that was reached and that since then you have acted on that basis

This website describes the process

http://www.slatergordon.co.uk/media/2347003/land-disputes-a-guide-to-procedure.pdf

It starts with a simple letter saying that this is the agreement that was reached in xxxx and so far as you are concerned it stands and invite him to agree to a sale on that

basis.

If he refuses you move ahead with the court process

Please ask if you need further details

Customer: replied 1 year ago.
Thank you Yes I have another question. So I have sent my ex an email letter this week outlining my claim and he has written back in dispute. We attempted one session of mediation late last year following the six or seven that we had 12 years ago. My question is this enough evidence of ADR for the court not to penalise me on costs??
Expert:  Clare replied 1 year ago.

It is unlikely that you will be penalised on costs in these circumstances

Customer: replied 1 year ago.
Hi . When you say unlikely? What are the chances? In your opinion have I done enough to try to resolve this independantly? Also in your opinion how long might this process take once i have made an application to the Court?
Expert:  Clare replied 1 year ago.

Without seeing all the original paperwork it would be foolish of me to say that anything is guaranteed - but given the history of failed mediation it is hardly likely that you would be penalised in any way

On average such applications take between three and nine months

Customer: replied 1 year ago.
Thank you Clare.Lastly I am interested to know, if I were forced to default on the mortgage payments as a result of being forced to stay at the property beyond my means, how would this affect my case against him. This question came up for me because he keeps saying that the property is his 'investment' in spite of the fact that he has never contributed financially or in any other capacity towards the maintenance and upkeep of the property. I wondered if as things currently stand, with his name on the mortgage as well as mine, for the next 18 months left on the mortgage, he would then have to pay it and how if this situation arose, it would affect my position in the court's eyes.In brief I am suffering from a chronic illness and in view of my financial situation I attempted to sell the property last year but was prevented from doing so because of my ex's change of mind on percentages? I would very much like to contact you again when the Court application is underway.Many thanks
Expert:  Clare replied 1 year ago.

It will not effect the court's decision greatly - but it will certainly ensure you have their sympathy

Customer: replied 1 year ago.
Hi so it won't mean that I get accused of not being responsible?
Expert:  Clare replied 1 year ago.

not at all

Customer: replied 1 year ago.
Clare I've been pretty unwell the past three weeks.Only today it feels as if something might be shifting in the right direction. I have only glanced at the notes you sent me. If I read them thoroughly tomorrow and find I have a question can it be part of this round of questions or will I have to pay again? Many thanks
Expert:  Clare replied 1 year ago.

No you can just ask on this thread as a follow up

Customer: replied 1 year ago.
hi ClareI just finished looking at the notes on land disputes. I just want to be clear, it's worded as if my ex would be the one making the claim from me not the other way around. He has made it clear that he wants me to do more mediation and that he expects me to raise this claim which i am prepared to do. I have attended one new session of Mediation and it was my understanding that one session is all that is required as evidence of my cooperation with the process. The mediation session with a mediator of his choice was a shambles and I see no gain in entering into anymore such sessions with my ex as he was given carte blanche to act out. Will this be okay for my case? So in total we attended 6 sessions 12 years ago where an agreement was drawn up in draft form and one last year where it was confirmed that we do not agree at all on percentages. Many thanks
Expert:  Clare replied 1 year ago.

Yes you have done everything correctly and you are entitled to apply for an Order for sale

Customer: replied 1 year ago.
An 'order for sale'? Is this something different?
Expert:  Clare replied 1 year ago.

No that is the name of the Order you are asking for

Customer: replied 1 year ago.
okay thank you very much
Expert:  Clare replied 1 year ago.

You are most welcome I hope all goes well

Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks yes it's scary doing this on my own but I am sure of my position and of the audacity of his..thanks again
Expert:  Clare replied 1 year ago.

You can do it I am certain!