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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 7072
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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Hi I have made a small claims application against a neighbouring

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I have made a small claims application against a neighbouring property for their share of the cost of resurfacing a private road on which our houses are sited. I have a copy of an amended title deed for said property that was issued in both their names, and counter signed by both in a solicitors presence, so I’m taking it the property is held jointly. As a result the small claims application I made was issued against both Mr x and Mrs x. However I was taken back when informed by Mr x that his wife hasn’t live there for years and the application needs to be changed to exclude Mrs X . My question is this, since the debt relates to the property and since the property was held in joint names at the time, do I need to alter my original application and remove Mrs X or should I leave it as stated. And even if true and she’s long gone, since this to me would be her last known address, do I really need to provide a current one? And what may be the implications, if any, of not changing the application.

No, do not change the claim.

Firstly this has time wasting nonsense by the defendant written all over it. Secondly she is a joint owner and thirdly the state of his marriage is none of your concern. If you get the judgment you are free to pursue it solely against one or both defendants meaning you can pursue it solely against him and let him apply for any contribution he can get from the wife.

In short not your problem

I hope this helps if there are any further points please reply.

Best wishes


Yours sincerely



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Customer: replied 4 years ago.

Hi Micheal,

This has been going on for over two years now durning which time I've tried to find a compromise of delayed or even monthly payments until finally being told they would't pay.

Although I see his wife on a regular basis, in truth I couldn't prove she lived there and I thought, as you do, that there was some 'method in their madness'.

I will take your advice and leave things as they are.