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Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 33532
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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I have just sold two properties that I jointly own with my

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I have just sold two properties that I jointly own with my ex partner. There was an order for sale and the order also stated that any equity should be split 50/50. My ex is claiming that I owe her backdated child maintenance [we agreed that I would cover the costs of the properties in leiu of child maintenace. I can show that these costs have exceeded anything I would have had to pay her in child maintenance over this period] and that she is not responsible for a joint loan that was used to consolidate debts on my credit cards; debts which I incurred refurbishing another jointly owned property which she currently lives in. My ex is insisting that I use my share of the equity to pay off the loan and backdated child maintenance before the money is released. The conveyancing solicitor is saying that they cannot release any funds from the sale of the two properties until we agree how the funds should be distributed despite there being a court order. My questions are: Can the conveyancing solicitor legally hold onto the equity funds if there is a court order saying that they should be distributed 50/50? What is the law with regard to joint loans where the ex is claiming the money has benefitted me and not her and therefore I should repay the sum?
Submitted: 2 years ago.
Category: Property Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question
My name is Clare
I shall do my best to help you but I need some further information first
Was there a Court Order regarding the Child Maintenance
Was the joint loan dealt with within the court proceedings which led to the Order?
Clare
Customer: replied 2 years ago.


Hi Clare


 


There wasn't a court order regarding child maintenance. I separated from my partner in 2010 and we had a verbal agreement that I would pay the mortgage on the jointly owned property where she is living and any costs relating to the rental properties in lieu of child maintenance. She accepts that there was a verbal agreement but is arguing the mortgage payments on the family home are half what she thought they were because she doesn't accept that she is responsible for the joint secured loan on the property. From 2013 I have paid child maintenance directly via the Child Support Agency. I have calculated income and expenditure over this period and even taking into account the child maintenance that I would have paid according to my figures my ex owes me money. The joint loan was taken out in 2008 while we were living together and was mostly used to pay for building work on the family home. The loan was used to consolidate debts that I had incurred paying for the work. My ex was initially denying knowledge of this loan but is now saying that as the loan amount was used to pay my debts she is not responsible for the loan even though she signed the loan agreement. I don't have papers relating to the work undertaken as they were left at the house and she has not allowed to pick up the any personal items. She has not [as yet] denied that building work was undertaken out the house.

Expert:  Clare replied 2 years ago.
Hi
How was the Joint loan dealt with within the Court proceedings which lead to the Order for sale?
Clare
Customer: replied 2 years ago.

My ex claimed she didn't know about the loan but didn't pursue it and it didn't feature on the order. The order specified that we have a 50/50 share in the house that the loan relates to although there was no order for sale on this property as it is the family home.

Customer: replied 2 years ago.

My ex claimed she didn't know about the loan but didn't pursue it and it didn't feature on the order. The order specified that we have a 50/50 share in the house that the loan relates to although there was no order for sale on this property as it is the family home.

Expert:  Clare replied 2 years ago.
Hi
The simple fact is that your ex cannot make any further claim
She has no claim for Child Maintenance arrears as there was no court order.
The Joint loan was dealt with in the proceedings which produced that Order
You should write to the Conveyancers and point out that the division has been determined by the Court already and they are bound to distribute on that basis
If they still will not do so then you should inform your ex that you will go to court to enforce the Judgement - and claim the costs of doing so from her
I hope that this is of assistance please ask if you need further details
Clare
Customer: replied 2 years ago.


Hi


 


Thanks for the advice. Just a couple of points to clarify. Would the fact that there was no order for child maintenance preclude my ex from making a claim in the court for backdated payments? The issue of the joint loan was raised by my ex but not pursued in the previous proceedings. Does that preclude her from revisiting this issue or does it just weaken any future case she might want to bring?

Expert:  Clare replied 2 years ago.
Hi
The answer to both points is yes - she cannot make a further claim on either point
Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 33532
Experience: I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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