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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35219
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Clare. me again with another question :)

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HI again with another question :)
Customer: replied 1 year ago.
Same subject as before

Hi again

How can I help you

Customer: replied 1 year ago.
Something called the child care act came up. the girlfriend is still one about going to court. I think it will be avoided for now basically it gets thrown in now and again. She seems to think she can get what she wantsi assume she is referring to this - I'll read it a few times my self tomorrow.So i would like to know how that could be applied to my situation? or how her or the lawyer think it can be used?im confused as i dont think our daughter is in any danger of being put on the street or anything like that.She has probably told her lawyer fibs as in i own other property so could move there. i earn a lot more than i do and are refusing to pay childcare.. even though i am just now to the amount demanded - that's what she tells me so am assuming that's what her lawyer was told.

You mean Schedule 1 of the Children Act under which you have a duty to help house the child until the child is 18.

However if the property was sold she would have sufficient equity, with the sale of her other property, to purchase an alternative home so there is no basis on which it would change the situation as we have previously discussed

Customer: replied 1 year ago.
ok,so in the second mediation session she varbeally came up with this 2nd offerThe property would remain in joint names.
A re-mortgage would be agreed for the same amount over a 2 year fixed term deal in both names
Silvia to remain in the property. Minkah to move out.
Silvia would cover all of the costs of the property.
Minkah would be £200 per month in child maintenance
Silvia would write-off Minkah’s loan of £14,500
The declaration of trust would be amended to a 75/25 split in Silvia’s favour.At the end of the period then the situation would be reviewed and a new solution negotiated.If Minkah wanted certainty over what would happen at the end of the fixed term then Silvia would agree that Minkah’s 30% of the market value of the property at that time would be immediately re-payable. If Silvia was unable at the time to raise the cash as a lump sum then the property would be sold.i had said its looks - waited for the mediator to summarisei replied with!!!well its not clear exactly what i'm agreeing to - hence why i asked for some clarificationsthe £14500... it needs to be itermised\broken down
regarding me moving out - there's nothing there time-frame - I've already started looking
the split you had asked for it to be changed to my share 25% should it not be relative to whats owed?
and exactly what happens when the new fixed term is up - that was not clear in the session as you verbally made the offer. on x date we do this, this or this.So rather than ironing over the points you'd rather go to court!! which is basically what you said 2 years ago before we had discussed your email said negotiate.lets do that or talk. you make an offer i ask some questions\clarifications and you say ok your refusing my offer so im taking you to court!!
Customer: replied 1 year ago.
what grounds would she be taking me to court for? i really done see a reason for that or what she hopes to achieve?

Are you now willing to agree a sale?

Customer: replied 1 year ago.
When you say sell - you mean put it on the market?

Yes - sell the property on the open market

Customer: replied 1 year ago.
A sale is not on offer... her offer is that we keep the property?Can i force us to sell the flat?
Customer: replied 1 year ago.
The notes from the mediator - does that count as an offer that i can agree to? i don't think refusing to answer or respond to my questions, when I've already said i'm happy with what she has suggested.. barring a few queries..Is there any way i can force the issue - put the flat on the market?I've attached the reply i sent again..
here's the response i got'Who wrote that for you? It's definitely not your style of written English, someone else wrote that for you.
Summary of mediation was a confidential document and no one else was supposed to read it.
Sent from my iPhone'
and via whatsaap
"So you can show my answer to your "SPECIAL FRIEND" who is now even interfering with our break up by reading private and confidential documents and writing replies and demands for you??"so my questions points were not replied too.. is there anyway i can get them answered?She says her lawyer is preparing paperwork to go to court?... what grounds could she be starting that?

I am so sorry - I lost this from my list and have just been sent it again by Customer services

Yes you can indeed force a sale of the property if you wish to do so - and it would certainly solve the current problems

I cannot begin to guess what Court action she is hoping to take - unless she is apply for an order for sale herself

Customer: replied 1 year ago.
no worries.
Customer: replied 1 year ago.
How would i force her to sell? if\as she cant buy i would want to buy so that would be the aim.I don't think she is going for a sale as she does not want me to purchase - that is her priority as she cant purchase at the moment.

Just to remember - she already has another property that she could sell doesn't she?

Customer: replied 1 year ago.
a studio/1 bed

So if both properties were sold she would have enough to purchase another property?

Customer: replied 1 year ago.
say 60,000+ from here and the 25% of the other place current mortgage is 200,000.How could i force a sale? could she in any way prevent me from then purchasing?

Yes you can force a sale using the Trusts of Land and Appointment of Trustees Act - and the Court can set a minimum sale figure - and you can certainly purchase at the going rate (if yours is the highest figure)

You can read more here

Customer: replied 1 year ago.
Thanks. that looks like the only way i can move forward.on starting the process - i can do this my self? i'm struggling to find info on that.

Yes you can if you wish - the starting point is a formal letter asking him to agree to the sale - more details on the link I sent you

Then the form you need is here

Customer: replied 1 year ago.
Ok, thanks.We had agreed the price already. she has made offers although not buy my share. I would ask for the same option she hase been given. then say 1 month to come to and agreement between ourselves before putting on the market...would that be something reasonable\ in the power to grant or can is the courts only option to put on the market?thx

No the court can only order a sale - not decide which one of you should be able to buy it

Customer: replied 1 year ago.
ok, thats simple enough.on the sale she does would rather sell to someone else than allow me to purchase. I understand they will set a minimum price. will they set a time frame, so any offers above the min price have to be accepted etc etc.I just want to make sure she cant prevent me from purchasing... i'm assuming we would both have to accept any offers made

Yes they can set that kind of control up

Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks - it all kind of make sense. i also found a great document via google.She has new law firm so i guess is taking to me to court requesting to live here and for me to move out or something. from what i read the children act takes precedent over the tolata?so if i go ahead with the tolata and she goes through with something under schedule one would cancel what the tolata doing?thx