Regarding the first property, do you just want to know whether you can get any money out of it?
Is there any equity in it at all or has it now been repossessed?
Regarding the second property, what does it say in the seller’s property information form which your solicitor would have sent you explaining exactly what is leaving on what is being taken, with regard to the removal of any of the items which have now been removed?
The question is enclosed. It is still open we can still exchange emails.
I still need some more information from you please.
You would have an equitable claim (financial claim) against the equity in the property in respect of your input into the property both financial and physical. However the property is being sold and there is no equity, that share amounts to nil.
If the property is being sold at some stage in the future, and some of the equity has rebuilt, you have a claim against that equity.
Also have a claim against him in a legal doctrine of Promissory Estoppel because you relied on the promise by him that the property was owned by you both and you put money and physical work into the property. You would have course have to prove that he promised that but it would prevent him denying the promise.
If you want any money out of this, need to hope that is not going to sell the property until such time as there is some equity attached to it.
There is nothing you can do to prevent him selling the property in the short term unless you have a court order to renew a charge over the property and your financial interests.
Regarding the property that you’ve moved into, the legal situation is that if anything is attached to the property it becomes part of the property and hence, curtain rails are part of the property, light fittings are part of the property, garden ornaments are not unless, they are concreted into the ground. Hence, the garden sculpture is likely to be placed on the ground is not a fixture or fitting and could be removed without mentioning. The lanterns on the other hand should not have been removed unless it was noted in the Seller’s Property Information Form that they were going to be removed. The same applies to everything else.
The solicitor should have sent you the Seller’s Property Information Form advising you which items were being taken and which items were being removed. With regard to the light fittings, depends what was said on the Sellers Property Information Form.
If there was no mention of the light fittings being removed, you are entitled to the cost of replacing them although the seller refuses to pay up, be faced with taking the seller to court and it depends whether you want at expense and trouble.
Can I clarify anything for you?
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