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ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1440
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My husband's ex wife rang him to say that she could no longer

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My husband's ex wife rang him to say that she could no longer manage the mortgage on their home (which she wanted to keep when they separated). She wanted to give it back to the bank. She had tried to sell it but had no luck. He had signed all equity over to her because he had to eventually go bankrupt because of th debts they had. My husband still being on the mortgage rang the bank to see what would happen if the house was given back to th bank. They said they would try and sell it for 3 months and if it didn't sell it would go to auction where we knew would sell for a lot less than was owing on the mortgage and we would be left with half of the debt. My husband suggested that we take over the property and mortgage to stop any debt from arising. She agreed, so I paid for her to go into rented accommodation as my husband has no savings., in return she would sign the equity back over to my husband. The solicitor is still dealing with this. We moved into house in January 2015 and we have been paying the mortgage ever since plus arrears that she had built up. Due to the fact that she has not signed the paperwork I want my money back as she has gone back on the agreement. Originally she stood in front of the solicitor and said she was happy to go ahead. It has cost me a lot of money and stress to move. My children did not want to move because their friends, school and eldest sons work was inTorquay not Newton Abbot where we moved to. I had to up route them. They understood that we didn't want to be left with a debt. I also paid out for new carpets etc because what was in the house smelled of cigarette smoke and was thick with dog hair. I also bought a new settee, chairs which I wouldn't of needed if we stayed where we were. We started to change things round in the house, decorating and I paid to have all the doors changed as they were in a bad state. Everything that was paid out was what I paid for out of an inheritance that I was left. I know that I probably won't be able to retrieve costs for the things that I bought but I would like to retrieve the money I paid out for her deposit and one months rent. I have receipts for this. Please could you tell me whether it is possible for me to get this money back from her?
Thank you for your time and I hope zi haven't rambled too much.
Sally Dwyer
Welcome to Just Answer
I am a Solicitor and will try and assist.
Please may I ask:
- is his ex trying to return to the property or not?
- why are they telling you to ring the police? Has she made threats?
Kind regards
Customer: replied 2 years ago.
No she isn't trying to return. No she hasn't made threats. They said because the money was taken under false pretences that I should go to the police.
Hello Sally
I must say I specialise in family law and not criminal law.
Please tell me if I am getting the wrong impression - but it sounds to me that you gave her the money to help her move out? Was this a loan to be repaid?
Kind regards
Customer: replied 2 years ago.
No it wasn't to be repaid but it was given to her in return for her to sign the equity back over to my husband and she has gone back on what she originally agreed to.
Thank you for clarifying that for me.
By all means please do report that to the police.
In respect of resolving the current issues - you clearly have a trust of land act claim in respect of the property. You have 1) paid the mortgage 2) paid deposits towards the debt and 3) renovated - these all give rise to a claim in the property for you.
This type of claim won't however get you back the money back you paid her to move and I think you'd also struggle with a small claims case if it wasn't loaned.
If she doesn't sign then you need to be issuing an application at court under the Trust of Land Act at your local county court - asking for a declaration as to your interest in the property,
You could try family mediation first to see if this will help her agree without the need for court. There are lots of family mediation services and there will be one local to you. Just google family mediation in your area and give them a call to get the ball rolling.
If mediation doesn't work - issue on a Claim Form Part 8. Court fee is £280.
Please don't hesitate to ask if I can assist further
Kind regards
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Customer: replied 2 years ago.
Ok. Thank you for your help. I now know what I can do next.Sally Dwyer
Your welcome Sally
Please don't hesitate to ask if I can assist you further.
Kind regards