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Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 33314
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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I sold my house and put in 80,000 to buy a home with my ex.

Customer Question

I sold my house and put in 80,000 to buy a home with my ex. He put in 8,5000
Mortgage 0f 238,000 both paying half to the mortgage and after only 1 year we split due to domestic violence and myself having to go to court to get an injunction to keep him away from me and my daughter... He is not the father, the house is sold and in a holding account and he is taking me to court for 50 50 I was out of work for months due to the stress and have now managed to get on my feet with my professional job but can't afford solicitors fees .
Where do I stand and can I represent myself I feel strong to do this for my children
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank your for your question. I will try to help with this.

How much have you given him from the sale of this property? You do realise that he is owed something?
Customer: replied 3 years ago.
For jomo1972
Thank you yes of course he is entitled to something don't dispute that .
We have not come to any agreement due to his greediness he requested 25 k in which I agreed but then he decided to appoint a solicitor . He now wants 50 50 and I have requested mediation for 25 k his solicitor has advised not worth it . I feel I will have to represent myself but need sone advisev
Expert:  Clare replied 3 years ago.
Hi
How much is the property currently worth and did you protect your investment with a Declaration of Trust?
Claire
Customer: replied 3 years ago.
The property sold for 350,000 and there is 95 thousand in a holding account. No I didn't do a declaration of trust we were only buying the property for one year together .. I have proof of the amount I put in and photos what he did to me are with the police .
Expert:  Clare replied 3 years ago.
Hi
At the time of the purchase what was the agreement about what would happen when the property was sold?
Claire
Customer: replied 3 years ago.
My ex partner always said I would get my 80 ,000 back if things didn't work out. Nothing in writing apart from his mother stating she was lending us the money to buy the property on the sale of my house in which I paid her back. I know it's frustrating I should have put something in writing . I know that we were tenants in common whatever that means.
Expert:  Clare replied 3 years ago.
Hi
Was that tenants in common in equal or unequal shares?
Claire
Customer: replied 3 years ago.
I think shared but not sure I would need to ask the conveyancing solicitor I guess. Do I have to give his solicitor my address she has requested this but I don't want my ex to know where I live. She has been contacting me by email, I have redirected my mail so maybe I should give her the old address ? ThanksDiane
Expert:  Clare replied 3 years ago.
Hi
Checking with the Conveyancing Solicitor is essential as it will tell you where you stand in terms of the basic law.
If it was in unequal shares then your problem is solved - you will receive whatever percentage was agreed.
If it was in equal shares you are going to have to fight to show that the agreement was that you received your £80,000 back first and that this was the only reason that you agreed to the purchase
This may not be an easy task - but it would be worth negotiation with your ex using Family mediation to try and discuss it.
If you do not wish to give your address you should use a care of address
Claire
Clare, Solicitor
Category: Property Law
Satisfied Customers: 33314
Experience: I have been a solicitor in High Street Practise since 1985 with a wide general experience.
Clare and 3 other Property Law Specialists are ready to help you
Customer: replied 3 years ago.
Thank you I am a confident person with a professional job and would it be difficult to represent myself . By showing all evidence of finances put in and the very short time we had a mortgage together do u think I may win the case.. His solicitor tells me I will have to pay his fees she has advised not to bother with mediation. He won't now as he feels he's on a winner
Please advise
Expert:  Clare replied 3 years ago.
Hi
This is not a straightforward claim and much of the case law is against you.
If you do decide to deal with it yourself you should at least get a barristers opinion using a Direct access Barrister,
It is certainly not certain that you will have to pay his fees - and his refusal to mediate could cost him dear.
Claire

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