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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 33279
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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I lent my ex partner a total of over £200k to help her

Customer Question

Good evening. I lent my ex partner a total of over £200k to help her purchase her new house and to carry out refurbishment on it. We were to share this property but as she was still seeking a final settlement from her ex husband (and still is) she didn't want me to register or show a charge over her new property. On trust I agreed this was ok and I have correspondence to back up the amounts I put into the property. Unfortunately our relationship of 8 years is now over and I am trying to recover the money I loaned her. She has in correspondence agreed to the amount £214.000 ( and RPI INDEXED it) but she has for the last 18 months been stalling to repay it or to agree a timetable to sell the property in order to repay what I contributed. Do I need to take her to court in order to secure a charge on the property. She has no other means of income or capital to repay me. Thanks for reading so far.
Submitted: 10 days ago.
Category: Property Law
Expert:  Clare replied 10 days ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further informtaion first

How much is the property worth and how much is outstanding on the mortgage?

Are there any children involved?

Customer: replied 10 days ago.
Good morning Clare
The property is worth £1.5 million.
There is a mortgage of approx. £185,000.
My ex partner has 5 children from her ex husband. 4 of whom are over 21 and have left home, and one who is 18 years old in his last year of (weekly boarding) school.
Expert:  Clare replied 10 days ago.

Are you aware that the site charges extra for a phone call?

At this stage your only option is indeed an applictaion to the court using the Trusts of Land and Appointment of Trustees Act for a Declaration of your interest in the equity AND an Order for sale to release your funds

You can read more about the process here

http://www.slatergordon.co.uk/media/2347003/land-disputes-a-guide-to-procedure.pdf

I hope that this is of assistance - please ask if you need further details

Customer: replied 10 days ago.
Clare - please can you advise or do you recommend solicitors to help move this forward - I understand from reading your link that arbitration / mediation is preferred prior to any court proceedings. Perhaps a lawyer closer to the property in Oxfordshire rather than London based would be better / cheaper for this purpose?
Expert:  Clare replied 10 days ago.

Given that you were in a relationship you can use Family mediation and find a suitable mediator on the website

www.familymediationcouncil.org.uk

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