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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2533
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have been contacted by my ex partners solicitor with a

Customer Question

I have been contacted by my ex partners solicitor with a letter asking me to sign a notice of severance with regards ***** ***** property we own together
I have also received a deed of separation (we never married although was together 16 years) this also asks me to transfer the deeds of the property we own over to her entirely ( property has been valued with £92, 760.77 equity)
I left our home in 2010 and have not contributed to the mortgage payments since that date, however I have paid £250 a month towards my daughters upkeep who will be 20 years old this year
I am not sure where I legally stand as feel this is unjust to receive no proceeds whatsoever
I just was not going to sign anything and leave things as they are however, This morning u received another letter stating that my partner said I was in agreement with the house being transferred for 'no consideration' due to history matters but concerned about costs (I didn't say this at all) it then says that I would not be bound to any costs if the documents are completed and that liability would be released from the mortgage ( which she presumes I want) it states leaving matters as they are is unsatisfactory and his partner will have no other option to make an application to the court against me and ask that I should pay her costs which could be substantial! I have been asked to respond within 7 days, but require advice before I do so
Hope you can help?
David Lawrence
Submitted: 9 months ago.
Category: Law
Expert:  Harris replied 9 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Is the title of the property definitely in joint names between you, if so is it as joint tenants or tenants in common?

-Are there any formal agreements or deeds of trust regarding the property?

Customer: replied 9 months ago.
Not sure, but think just joint tenants, no agreements or deeds of trust currently but one if the letters was asking me to sign a deed of trust
Customer: replied 9 months ago.
Definitely in joint names though
Expert:  Harris replied 9 months ago.

You will need to check to make sure that your name is ***** ***** title, you can do this here: https://www.gov.uk/search-property-information-land-registry and request the title deed for £3.

In any event, as long as your name is ***** ***** title of the property and in the absence of any formal agreements between you, you are both entitled to a share of the equity as held on the title - therefore if it is in equal shares you would be entitled to approximately £46,380 (less any costs of sale). If she wishes to pursue a claim due to your non-contribution to the mortgage it would be difficult to claim this if she cannot prove that there was an intention between you to increase her share due to the contributions. Furthermore, you would have a counter-claim for what is called occupational rent due to you not occupying the property and it being used for her sole benefit.

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 9 months ago.
What response should I send to her solicitor with regards ***** ***** letter I received this morning saying that she will take me to court and may have to pay her costs?
Expert:  Harris replied 9 months ago.

If she pursued an application to court it will not be in her interest as she will not be able to obtain a transfer of the property to her sole name without compensating you for your interest - their threat would therefore be without merit.

I would suggest that you think about instructing a local solicitor to draft a response to them outlining your legal interest in the property and to seek an amount that is appropriate to settle your interest.

Harris, Law Specialist
Category: Law
Satisfied Customers: 2533
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Law Specialists are ready to help you
Expert:  Clare replied 9 months ago.

My name is ***** ***** I have been a solicitor for more than 30 years

To add to the above I fear that my colleague overlooked the fact that the property was used as the home for your child during the period after you moved out.

This makes it unlikely that any Occupational Rent argument would be successful AND in addition she WILL be able to claim credit for any reduction in the capital outstanding on the mortgage.

You will receive something - holding out for 50% could be unwise.

Customer: replied 9 months ago.
The 'child' however is 20 years old!
Expert:  Clare replied 9 months ago.

I appreciate that - and that is why you will be able to force a sale - but it is highly unlikely that you will get 50% of the equity base don what you have said in the question

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