Law
Ask a Law Question, Get an Answer ASAP!
Nicola I can't fdind any new answers from you here??? This is becoming very frustrating. What did you ask me?
Hello Nicola
It's really quite basic stuff I think, is there only one person who might know?
Please help. I have paid for 5 questions, I've received NO answer from that batch of questions fo which I have asked only one.Please can you continue to look for Clare so she can finish the job that I have paid for, Now I am being offered 25% off my next question but I will not be paying for any more questions until the one I've asked has been answered and I get my five questions. So 25% off another payment cannot be of any benefit to me can it? Please assit me on this issue as I cannot get a direct line of contact with your customer support. Many thanks
Hello Thanks for your effort. But why am I being asked to pay again and then receive 25% discount.?Is there not another solictor who can ask a colleague?? Thanks
Hi Clare
Thanks for your response. My questions for now are
2.So if I go ahead with the purchase and his name is ***** ***** deed of the new property, with the 50/50 default setting, what protection do I have that he won't then demand 50% in two years time?
He says that he is not claiming 50% but does not agree with the 18.44%.
3.I don't think that his reasons for wanting more than the 18.44% stand up? He says that because I have only been paying the interest and because I can no longer afford to maintain the property that I have lowered the value of the property meaning his capital is not as much as it could be.? thanks Clare
Thanks, ***** ***** neither. So I could agree to his name on the deed with a clause attached stating that he will not be claiming 50%.
Sorry I want to be absolutely clear, because this could really mess things up. He has agreed to my selling and then purchasing the other flat. I do not want to loose my buyers or the new flat. I will not be changing my terms which are that he can claim 18.44% of the current market value. However my ex thinks he can get me to change my mind in mediation. I see no point in mediation because I will not be changing my terms. but he refuses to accept the 18.44. We have reached an empasse.
Hi Clare. We have already been to mediation and have a draft memorandum of understanding stating the agreed 18.44%. It's not about effort for me. I have reached a point that I am satisfied I've done all I can on. I don't have any funds at all which is why I'm forced to sell my home and I am not being stubbourn or lazy just firm in my belief that my terms are final and reasonable after a great deal of effor and thought. The 18% is an excellent return on his very minimal investment. I see no benefit from mediation accept to throw money away in the pursuit of my ex's ego and his inability to accept that he is not entitled to more than 18.44%. As far as I'm concerned the next step will be to ask the court to decide for him.
Sorry I don't understand your second point re "a range" please again can you spell this out to me.
Many thanks for your help. Caroline
The memorandum was made in 2005. Also what do you mean re: range? Do you mean of possible agreed percentages.?
So to clarify, and then I think I'll be out of your hair; I have a right to legally apply or submit a clause that is attached to the deeds of the new property that states this clearly and it will be legally acceptable protection for me against him demanding 50% in two years time because his name is ***** *****
Many thanks
Hi Clare I just got a message from the conveyancing solicitor telling me it's not possible to attach a clause to the deeds of the new property? Now I'm confused? Can you shed any light ? Many thanks
Hi
It is possible that he is suggesting that there is a separate Declaration of Trust - which would be appropriate
Clare
hi Clare, so we could agree to draw this up, or have it drawn up? What is the process? do we need to employ a solicitor to draw this up? Do we need a solicitor for the writing of it or just to 'put a legal stamp on it" Is this something that you could do? What would you charge?
Thank you ***** it's not something you could do?
Yes I agree with this. What would your fee be for this kind of job? Where are you based? I'm out on appointments now until 11.30/12pm. Perhaps I could call you after that? if yes leave me your number. Many thanks
Well thanks again Clare for your help with this matter. It is a concerning situation and I just want to move my life forwards. The alternative is to stay put for the next two years, stuck and immobile and even more concerning because of the financial burden the property is on me. I will look for someone local, however these issues are not covered by legal aid and I am not working due to my ongoing illness. Justanswer has been a godsend for me. Thanks
Thank you so much Clare! X