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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I purchased a boat in my name for me and my ex partner to

Resolved Question:

Hi
I purchased a boat in my name for me and my ex partner to live on. She drew up a contract to state that if we split the boat would need to be sold within 6 months and we would each get our share. In my haste I signed thinking nothing like this would happen. (Us breaking up)
Once we broke up I said I didn't want to sell the boat as I had no where else to live (we were living on it and I had moved my life to be with her in Cambridge). We lived together for 3 months and she left me. We tried to live together for a few weeks after but it was too difficult so I asked her to leave. She agreed monthly payments instead of full amount over email but I couldn't keep up with the full amount i promissed as I ran into financial trouble. (I still paid her as much as I could afford each month)
Her solicitor is now threatening legal action if I don't pay up.
If the boat is on my name (I am the legal owner) does the contract we signed still hold up and can they force me to sell it?
I put in £16000 and she put in £8000 (some was borrowed from the witness signatory that signed our contract. (Not sure if that makes it still legally binding as she had financial intrest)
Kind Regards
Ben
Submitted: 5 months ago.
Category: Law
Customer: replied 5 months ago.
Of course I want to pay her back but I have no where else to go. I have no family or friends in Cambridge and I can't get a transfer with my job back to London.
Customer: replied 5 months ago.
The actual contract that I signed was between myself and a boat brockarage. The file I sent t is the one made up for me and my ex.
Expert:  Ash replied 5 months ago.

Hello my name is ***** ***** I will help you.

How much is being claimed, is it the £8000?

Customer: replied 5 months ago.
10,575 as she put some towards the mooring fees and refurbishment.
Customer: replied 5 months ago.
This is the letter they sent me
Expert:  Ash replied 5 months ago.

The agreement does not say you would be liable for anything extra other than splitting the cost?

Customer: replied 5 months ago.
It just says other costs will be shared equally. When we broke up she sent me a breakdown of all wfat she had paid for. So that plus the 8000 minus what I've paid back equals the 10,575 but those costs are not true as she was also living there when she paid for some of those. I had paid a substantial lot more in refurbishment.
Expert:  Ash replied 5 months ago.

Well you didnt agree to the extra fees, is that right?

Customer: replied 5 months ago.
I didn't sign anything agreeing to the other fees no. I'm just worried that I have to sell the boat to pay her money back as I can't afford all of that by the end of the month.
Expert:  Ash replied 5 months ago.

No, my reading is you only have to pay the costs which were agreed, which was the £8000 but thats it.

Nothing else. Can I clarify anything for you about this today please? Alex

Customer: replied 5 months ago.
Even though the contract we signed states I had to sell the boat within 6 months of us splitting up, they can't force me to sell?
Expert:  Ash replied 5 months ago.

They can do that yes - because that is what the contract says.

Does that clarify? Alex

Customer: replied 5 months ago.
Even though the boat is in my name?
Expert:  Ash replied 5 months ago.

Correct, because that is what the contract says, unless you buy her share.

Does that clarify? Alex

Customer: replied 5 months ago.
But she sent me an email agreeing that she would accept monthly payments. Although I couldn't afford what I said I would surly that nullifies the original contract regarding having to sell the boat?
Expert:  Ash replied 5 months ago.

Sadly not, just because she does not accept monthly payments does not invalidate contract.

Does that clarify? Alex

Customer: replied 5 months ago.
Doesn't except? You mean excepted? So I have the following options:A) pay her the remaining 8000 only (as I'm not liable for the other costs)B) email the solicitors and tell them I can't pay and court papers issued forcing me to sell the boatThe contract states I can put the boat up for sale by myself. Would this stop them taking me to court and perusing the money?I I went to court would the judge not in force me to pay the other costs that my ex has stated even though not in the contract?
Expert:  Ash replied 5 months ago.

a) Yes

b) Yes you can do this

It may delay it but a Court may order you to sell it if you dont pay. If you went to Court and lost then yes you would be liable for costs, because that is the Court rule.

There does not need to be a provision in the contract.

Does that clarify? Alex

Customer: replied 5 months ago.
just to clarify:If I put the boat up for sale now to sell the boat and give her the remaining 80000 that should be suffice to not be taken to court?The other maintaince costs I would not have to pay back due to them not being in the contract signed by myself and and ex?
Expert:  Ash replied 5 months ago.

Correct. Does that clarify? Alex

Customer: replied 5 months ago.
Just one last thing. If I put the boat up for sale but paid her the remaiming 8000 before it was sold would I still have to sell or can I take it off the market? even though the contract states she is entitled to profit (if there is some) and again even though I put in a lot more money after we split. Surly she's not entitled to profit with the amount I paid after we split.
Expert:  Ash replied 5 months ago.

No, not entitled to profit.

Does that clarify? Alex

Customer: replied 5 months ago.
Could I take it off the market if i paid her back before it was sold?
Expert:  Ash replied 5 months ago.

Yes potentially. Does that clarify? Alex

Customer: replied 5 months ago.
Can you just clarify your last answer? If I paid her back before sold why would I have to sell the boat?
Expert:  Ash replied 5 months ago.

No, you would be able to keep it.

Does that clairfy? Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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