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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 10087
Experience:  Senior Associate Solicitor
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My ex partner and I separated and she advised her solicitor

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Hi,my ex partner and I separated and she advised her solicitor to contact me about a settlement on a property that we had a joint mortgage on,after various letters back and forth I thought that we were close to a resolution but after my offer of settlement 8 months ago I have received no further correspondence do you have any idea why this would be and what my next step should be?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: It has only been letters between me and her solicitor regarding what would be an acceptable amount to buy her share in the property.
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: I know the location of the court, I am in the uk
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hello, this is Jim, a dual-qualified lawyer (UK & Republic of Ireland) and happy to help you today.

Does she have access to the property (to allow viewings for valuations to take place)?. Was there anything put in writing about the ownership or what happens if you split, and did she actually contribute to the property (mortgage, deposit, significant home improvements)?

Customer: replied 19 days ago.
We have agreed on a valuation and although I made the bulk of all payments I have agreed that she is owed a certain amount, nothing was ever put in writing, the main issue at the moment is that am in effect trying to buy her out of the property and although I thought we were close to an agreement all contact stopped from her side about 8 months ago and I am unsure of how to proceed.
Customer: replied 19 days ago.
It is not convenient for me to speak on the phone at the moment.

Thanks, ***** ***** issues in that nothing was put in writing - the court likes to see written agreements. You may not have heard back as she may have run out of money to pay the law firm.

In terms of how to proceed, there is a 6 year period where she could issue a court case for a share. There isn't a whole lot you can do in the meantime I am afraid, save for wait for her or her lawyer to respond.

Customer: replied 19 days ago.
Ok Jim, thank you for your help.

You could write to her, point out the difficulties she is in (lack of written agreement, etc) and hope that puts her off. If she has a claim to the property, it is along the lines of she may have a beneficial interest if she can evidence payments to the mortgage or the property in some significant way. It costs a lot to involve the court though - my guess is she doesn't have the means to see this though.

I hope this helps anyway. Feel free to come back to the site again if anything crops up.

Have a good evening.

JimLawyer and 4 other Law Specialists are ready to help you
Customer: replied 19 days ago.
Thank you, ***** ***** good evening.