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Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 33311
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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There. I have several questions to do with the following

Customer Question

Hi there. I have several questions to do with the following situation I am in.
I purchased a freehold property with my ex-partner in August 2014. Since then we have split (December 2015) with me moving back to my parents and her remaining in the property until we sell. The reason for splitting was that we were not happy and in a healthy relationship.
Since splitting, my ex-partner has become vindictive and obstructive, blaming me for breakdown of the relationship therefore holding me to ransom through threating to pull out of sale if she does not get the monies she wants to receive after the sale. We currently have a sale price agreed with a buyer and are going through the motions of sale now.
History of monies / contributions into the property at time of purchase:
A sum of £30,000 was raised for the deposit - £268,000 was the purchase price.
The £30,000 can be broken down as follows:
- £5,000 from my savings
- £20,000 from my parents - paid into my account as a gift
- £5,000 from my ex partner.
Another outlay which I paid was the £8,000 stamp duty tax. I did not request her to reimburse me half this cost (£4,000).
No declaration of trust was written/ signed ahead of the purchase detailing the un-equal amount of contributions made.
We have both equally paid the mortgage re-payments and bills throughout our ownership. I am still paying for the mortgage and half the bill, now that I am not living there.
With the above history, please can my legal position be confirmed, particularly noting the following questions:
- Is she entailed to 1/2 of everything (equity etc), even if she has not contributed equally to the initial investment?
- My bank statements state transactions made at the time of purchase. Would this be legal proof of unequal contributions and stand up in court?
- She has threatened to go to a solicitor to initiate court proceedings to agree on monies and her position, stating that as we were living in the house for more than 6 months, this means she is entitled for 1/2? Is this correct?
- With the above, if she took me to court, would her behaviour help my situation? I only want this to be sorted amicably.
- Can I force a sale if she tries to sabotage the current sale?
- She wants me to sign a 'Pre-sale agreement' to confirm how we are to split the monies. In my position, is that wise? I have been advised by my parents to not do this.
- Do my parents have a claim on the property due to there £20,000 given to me at the time of purchase?
Submitted: 6 months ago.
Category: Property Law
Expert:  Clare replied 6 months ago.
Thank you for your questionMy name is ***** ***** do my best to help you but need some further informtaion first.May I ask why you are still paying half of the mortgage and bills if you are not living there?What is the current value of the property and how much is outstanding on the mortgage?
Customer: replied 6 months ago.
I am still paying for half the mortgage and bills as we are still trying to sell and therefore the debt is in my name too. I moved out when we split to avoid things being harder than they already.
Value of house is £364,000, outstanding mortgage value = £233,580
Expert:  Clare replied 6 months ago.
I can understand the mortgage - but if you are not there she should pay the bills herself.At the time of the purchase what discussion did you have about the shares - and what would happen if you separated?
Customer: replied 6 months ago.
At the time of purchase no discussions took place on the shares or if we separated. It was all built on trust.
Expert:  Clare replied 6 months ago.
Since there is no Declaration for Trust stating otherwise the starting point of for division of the equity is 50/50 despite the fact that you paid more for the deposit.However you are entitled to claim that you did not mean to gift her the £34,000 and that accordingly you should either have that money repaid prior to division of the balance, or to have a larger share of the equity.If you and your ex cannot agree this using Family mediation www.familymediationcouncil.org.ukthen there will indeed have to be a Court application to decide how the proceeds of sale should be dealt withYou can read more herehttp://www.slatergordon.co.uk/media/388153/cohabitation.pdfIt would be sensible to agree the distribution prior to the sale.Your parent shave no claim as they gifted the money to you - and the six months has no relevanceI hope that this is of assistance - please ask if you need further details
Customer: replied 6 months ago.
Thank you for the message.
If she did take me to court, would I be able to have prove my contributions through bank statements? I have records of my lump sum deposit payment to the solicitors at the time of sale.Also, if she refuses to sale, or treatens to pull out for any reason, do I have a right to force the sale? As I have mentioned before, she is often wanting things to move to her terms, therefore as I cannot afford to loose the buyers currently, I would like to know my position legally?
Customer: replied 6 months ago.
Do you no if any of your answers can be formally written up?
Expert:  Clare replied 6 months ago.
You would have to prove your contributions - and yes you can indeed force a sale
Customer: replied 6 months ago.
Thank you Clare. Sorry last questions?
Can contributions be proved through my back transactions, which state the amount and where it was transferred to?
On what grounds can I force a sale legally? As part of the deeds, would she need to 100% agree in order to sale?
Expert:  Clare replied 6 months ago.
Yes that is exactly how it is proved!The simple fact that you wish to sell the property is enough to enable the court to force the sale!

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