Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. If the money was simply a loan and he is not registered as owner of the property he has no entitlement to the property. You only have to repay him the loan. The situation is more complex if his name is ***** ***** property ownership register - if this is the case then you have the contract as evidence to show he was only ever entitled to the loan amount in repayment. I look forward to hearing from you. Kind regards AJ
Hi, Thank you. If he tried to sue you for the whole proceeds you would have the contract as evidence that he is entitled to a proportion of the equity equal to this "loan" value. Ultimately he cannot sell the property without you (and you without him), if he is going to insist you sell and you refuse because he wont agree the equity issue, he would have to sue you. Is he likely to go this far?
Hi, Thank you. Are they alleging the loan was paid without capacity and under duress? Kind regards AJ
Hi, My apologies I have received this. I will prepare an answer and respond to you by tomorrow morning at the latest.
Thank you. Did you at any point agree that you could be forced to sell the property if you defaulted? Kind regards
Hi Thank you. I am not currently available for a phone call. The bot***** *****ne is you cannot be forced to sell withhout a court order. If they want to force a sale they will have to sue you. Realistically will you ever repay the loan?
Hi, Thank you. They have no right to access the property, is his name on the title deeds or just the mortgage deed?