How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 33957
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
13262538
Type Your Property Law Question Here...
Clare is online now

I am sole owner of the property and also my mortgage

Customer Question

Hi,I am sole owner of the property and also my mortgage is coming from my account. However I no longer live in the property as I broke up with my ex and he stayed living there. Up to this date he made all financial contribution to the property and also paid the mortgage hence he is classified as beneficial owner. We had dispute over it for last 8 months and we could not agree the solution.
I got a claim form from court where he is asking to transfer whole property and mortgage over to him and he also asking me to reimburse him for all payments and maintenance of the property.
I have got a N210 form of acknowledge of service and I would like your advise on this. I would like to know if I would decide to contest only part of his claim which is to transfer the property and mortgage however I would not agree with reimburse him for any contributions as he would pay this as rent elsewhere.
Could you please advise which part of the form would I be filling? Also could you please advise what would be the further process? I am looking for a quick way out hence I am willing to give up the property and I am hoping this would be the faster and cheaper process than go to hearings and defend myself.Thanks,Marianna
Submitted: 1 year ago.
Category: Property Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help you but I need some further information first.How much is the property worth and how much is outstanding on the mortgage?How was the purchase funded and why is your name on the deeds?
Customer: replied 1 year ago.
Hi Clare,The property is now worth around £240,000 and outstanding mortgage is around £124,000. My ex partner put a deposit of £34,000 towards as a gift. The property was written on my name as he wanted to buy house in his name. Then we would move to house and rent a flat. However we split up and he stayed in the flat.
Expert:  Clare replied 1 year ago.
Hi
Did you make any capital payments to the property?
Clare
Customer: replied 1 year ago.
No I did not make any capital payment. It was bought using mortgage and deposit from him. I did not make any contribution in the beginning or during the property.Thanks,Marianna
Expert:  Clare replied 1 year ago.
Has he given you paperwork to transfer the property and mortgage into his sole name?
Customer: replied 1 year ago.
No, he went to court and put a claim, and I received this claim that he wants to transfer property and mortgage and also reimbursement cost. I am willing to transfer as we are in this circle for 8 months and we cannot reach settlement hence I am in position rather loose the property and its value. But I do not agree with reimbursing him. Also I do need to know if I decide for his path, what could be the consequences and whether is not better to rather defend myself.Thanks,Marianna
Customer: replied 1 year ago.
Hi Clare,Would you please able to advise me as I put my question as urgent because I need to submit this form to court tomorrow.Thanks,Marianna
Expert:  Clare replied 1 year ago.
My apologies for the delay
Just to check -- you did not receive any letters stating that he wanted it transferred into his name?
He never sent you any paperwork to sign.
Has he produced the evidence that he can release you from the mortgage?
Are you sure you want to give up your substantial claim on a share of the equity?
What is the number on the claim form?
Clare
Customer: replied 1 year ago.
Hi Clare,
I did receive any letters regarding transfers as of yet. To clarify, during break up I stated via email that h can have the flat and i will transfer the property over to him in sept 2015 (we agreed this best as the transfer fees would be reduced). I made this statement as I felt choked in the relationship and was pushed/needed to get out.
No evidence has been provided with releasing me from the mortgage.I currently think I will contest his claim on the basis of multiple pieces of evidence gathered where it is clear he forced me to move out and leave him the property. My only concerns of this are due to his significant contributions to the property based on me saying he can have the flat. He also tried to sublet the flat without y knowledge on a residential mortgage.Claim form number is *****Thank you.
Marianna
Expert:  Clare replied 1 year ago.
Excellent.What works has he paid for and done?
Customer: replied 1 year ago.
Hi Clare,
We spent £1000 plus during our first few months to refurbish the flat together. This included an oven, fridge, worktops, flooring etc that we both rennovated together but he paid back half the value of materials when we broke up (unfortunatley not the days and weeks of hard work)Since then i dont believe much work has been done. He has just continued to pay bills, service charge and the mortgage (to me).Thanks
Marianna
Expert:  Clare replied 1 year ago.
Hi
So what "significant contributions" do you think he has made?
Clare
Customer: replied 1 year ago.
He paid 34k for the deposit (although as a 'gift'). The mortgage payments for 22.5 months have also been paid by him to me (no rental agreement was made verbally or written).Is that what you are asking?Thanks
Marianna
Expert:  Clare replied 1 year ago.
I will help you complete the form tomorrow - do not worry about the time limits - so long as it goes in this week it will be fine
Customer: replied 1 year ago.
Ok perfect thank you. Would it help if I sent you a copy of the claim form and copy of some of my evidence points in response?Marianna
Expert:  Clare replied 1 year ago.
Yes that would help a lot
Customer: replied 1 year ago.
Hi Clare,Please find attached the court claim for my case and my drafted defence.Thank you,Marianna
Expert:  Clare replied 1 year ago.
Hi Marianna
Right
at B
1. An order for the sale of the property and the division of the equity between the parties in the proportion pf 60/40 in favour of the claimant
2. A costs order.
Then at E you will file your written statement with the form - just adjusting what you have already written to make it a more formal statement.
I hope that is helpful
Clare
Customer: replied 1 year ago.
Hi Clare,
Ok thank you, ***** ***** ask why would I ask for 60/40 when I can ask for 100% and then the 60/40 could be what court would decide based on evidence as an option I can then accept?Also what 2. A costs order mean?Regarding to E section, would the written evidence considered as my defence form or is there another form I would have to fill for defending myself?
Customer: replied 1 year ago.
Hi Clare,Could you please advise me on my last email, and I would fill the form based on your instructions.Thank you,Marianna
Expert:  Clare replied 1 year ago.
It is important that the court sees you being reasonable and realistic in your arguments
You knew that the deposit was more of an investment than a gift so it is sensible to be seen to be acknowledging this
By being realistic in your requests this will highlight how unreasonable your ex is being
You need to slightly amend it - but what you have already wrtten can stand as your statemnet
Customer: replied 1 year ago.
Hi Clare,Ok I understand I will do that. And what is the cost order mean?Thank you very much.Marianna
Expert:  Clare replied 1 year ago.
That your ex pays your costs
Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 33957
Experience: I have been a solicitor in High Street Practise since 1985 with a wide general experience.
Clare and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Clare,Thank you very much for your help I filled the form according to your instructions. Is there an option on this website to choose you to advise me in the future?Have a nice Christmas.
Mariannna
Expert:  Clare replied 1 year ago.
Hi Marianna
I hope you have a good Christmas as well - you can always ask for me first when you ask another question if you wish!
Clare

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2446
    Over 5 years in practice.
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2446
    Over 5 years in practice.
  • http://ww2.justanswer.co.uk/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    453
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.co.uk/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1907
    LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.co.uk/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    846
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.co.uk/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    308
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
 
 
 

Related Property Law Questions