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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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2 people that are in a civil partnership get a loan to purchase

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2 people that are in a civil partnership get a loan to purchase a lease on a commercial property to run their salon business.
After 13 months 1 partner has an affair and leaves the other and th business. The partner that leAves accepts a payment as a buy out from the business and signs a document stating that. The document is signed by both partners and witnessed by 2 people. It was not a solicitors document but both partners have copies.
After a further 10 months, the partner that remains in the premises running the business and paying all fees towards the lease, business and original loan.
The civil partnership has now been legally dissolved, and the partner that left has been removed from the loan document and obligations and removed from all business accounts.
The partner that left is refusing to sign a financial consent order to close off any claims either may have in relation to the civil partnership, and has also refused to sign the solicitors document sent from the landlord of the commercial premises to remove her from the lease.
She now wants to re-enter the premises, change the locks and make use of half of the premises and furniture. Can she do this?
Hello my name is ***** ***** I will help you.On what basis does the person want to do this, bearing in mind they have signed a document signing over the business?
Customer: replied 3 years ago.
They are instructing their father to come to the premises on the 18th April to gain entrance with a lock smith.
I think she wants to use half the premises as a salon. It is already a salon. She believes she owns half of the furniture too!
Has the lease been transferred into your name, or is it still joint?
Customer: replied 3 years ago.
It is still joint, the paperwork to remove her and leave just me on it was sent to her in December but she has not responded
Ok - but she signed a document to say she had no interest in the business?
Customer: replied 3 years ago.
Yes that's right
Ok - then you dont have to let them in, they have no right and no interest in the property. You should get a Solicitor to write and say you will seek an injunction if they try or attempt to try.You can do this by completing form N1: Court will list the matter for hearing and decide whether to make an injunction. If the Court does and it is breached then its contempt of Court, which they can be warned, fined or sent to prison.But get a local Solicitor to write and warn, that may do the trick.Can I clarify anything for you?Alex
Customer: replied 3 years ago.
So even though she is still on the lease for the premises she can't enter and take over half of it? I know she was bought out of the business but does it matter that it wasn't a solicitors letter?
Correct, there is a signed agreement, its a contract no matter how you look at it.
She has no standing. Does that clarify? Alex
Customer: replied 3 years ago.
Great thank you
Good luck with this.
If I could also ask you to rate before you go please, so the site pays me for the time spent with you today. Have a great weekend.
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