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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 744
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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Last year i bought a house with my partner of 8 yrs, he sold

Resolved Question:

Hi last year i bought a house with my partner of 8 yrs, he sold his house to put the down payment down, mine was rented which lived in for 16yrs. We did the property up so it was liveable and last august we moved in. By February we had stopped speaking until i had to leave in June as it was making myself and my 18 tr old daughter ill. The house had gone up for sale 2/3 weeks before i left. I haven't been paying towards the mortgage as i couldn't afford the mortgage and the rent on my property (off which i had to borrow to put the down payment off)
The house has now been sold for 134,000, sale fees are 3,230. Mortgage 1, 54,091. Mortgage 2. 47,100. we have a loan together of 5,500, We bought a settee which has 1,377.36 left. We bought a kitchen but he hasn't put any price down as he is in dispute with them. Deposit owed to him is 11,800. Money owed to him for decoration 6,500. Money owed to him for none payment of bills 1,800. What is left is 2,601.64. But at the bottom of his letter he says the figure could change for payments not being made and once the kitchen is settled. He has already threaten me with a text that he is gong to make sure i'm left penniless. He has already changed the locks because wit out my knowledge my daughter went and used the washing machine and apparent she stole washing powder and electric.
does the amount left seem reasonable as i feel i'm going to be left with a minus and in debt
Submitted: 6 months ago.
Category: Law
Expert:  ukfamilysolicitor replied 6 months ago.

Hello

Welcome to Just Answer

I am a Solicitor and will try and assist you.

Please may I ask:

- when the property was purchased did you buy it as joint tenants or as tenants in common?

- was there any trust deed?

- where are the sale proceeds now? are they with a solicitor instructed by you? him? or jointly?

kind regards

Caroline

Customer: replied 6 months ago.
The property was purchased jointly. I'm not aware of any trust deed. He have given me all the paperwork to sign but as of yet I'm not willing to sign and when I do I will instruct the solicitor that I want my money to go into my bank account
Expert:  ukfamilysolicitor replied 6 months ago.

Hello

Thank you for your response.

I am glad to hear that ou have not signed anything yet.

What you need to do is to find out if you were tenants in common or joint tenants.

The reason I say this is because there is a huge difference in respect of your entitlement in relation to whether you are joint tenants or tenants in common.

You need to try and find your original paperwork or ask the solicitor that was instructed for the purchase to send you a copy of the file from the time.

Basically if you are joint tenants and there was no trust deed - then all equity in the property is split equally between you. This means that he cant set aside the equity that he paid for the deposit, or anything else for that matter - it just gets split equally between you.

If you are tenants in common - then you each have shares in the property and the trust deed will clarify what those are and how much you are entitled too.

You are right to be cautious and not sign anything yet.

Make sure you make the enquiries so you know the position before you agree to anything.

let me know if I can help you further.

kind regards

Caroline

If you have found this service useful please kindly remember to star rate my service so that we receive credit for helping you today

Expert:  ukfamilysolicitor replied 6 months ago.

Hello

This question remains unrated. I would be grateful if you could kindly leave a rating. Please note that your question does not close when you leave positive feedback and I can answer your follow up questions for free.

ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 744
Experience: Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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