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SolicitorRM, Solicitor
Category: Law
Satisfied Customers: 4188
Experience:  Director and Principal Solicitor. UK
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Me and my partner have separated. We own a property

Customer Question

Me and my partner have separated. We own a property together, which when purchased his parents put down £50,000 deposit. This was not verbal or written that it was just gifted to my partner and no request that on sale of the property this amount be returned to them or solely to my partner. I have been in the house for close to two years whilst he has been working in Durham, and during this time our relationship broke down further. Though during this time we have both been paying towards the mortgage, though I have been the one in the property maintaining it. I now wish to sell or to have my share of the property value so I can leave and start my life again. He is refusing to sell and is not returning my calls. When spoke last week I asked him for £35,000 and that I would then leave the house and it would be his, he seemed happy with this. The property is worth roughly £265,000. My friends are advising me that I should seek legal advice. I really wish this to be over asap hence me asking for £35,000, but now he is playing games
Submitted: 10 days ago.
Category: Law
Expert:  SolicitorRM replied 10 days ago.

Hi thank you for your enquiry and patience. I am reviewing your question now for you.

Customer: replied 10 days ago.
Thank you
Customer: replied 10 days ago.
Prefer not to call for now.
Expert:  SolicitorRM replied 10 days ago.

If the £50,000 was not given as a loan then he cannot ask for it to be returned. It is his fight with his parents there is no basis for asking that it is returned from the sale of the property. How much you ask for is really dependant on what is satisfactory to you however if the figure you have asked for was influenced by the £50,000 deposit then you can look to increase the buy out figure in light of what I have said above. If he is not talking to you you should warn him that if you do not see a resolution coming unfortunately you are left with no option but to apply to court for an Order for Sale.

Don't worry about the call offer, as long as you do not accept it you will not be charged.

I hope this helps and all the best.

Customer: replied 10 days ago.
He wrote an email last night:
Hi Mel,
I agree with you that £35,000 is a fair price for the house buyout. By this Saturday 12th Oct 2020 I will have £30,000 available – I can transfer this as soon as we have signed the legal documents to change the names on the title deeds and the mortgage. (This will also cost some legal fees which we could share). Of the remaining £5000, we need to subtract the £1000 of your Tesco credit card bill which I paid and around £1600 which you transferred out of the joint account after the remortgage money went in (this was not the money for the skip, loft or windows). The remaining £2500 I will be able to pay you as soon as possible - using the income from renting the house.
You say you want to stay in the house until the end of December which is fine - but we would both need to cover the mortgage payments from September until when you leave, without using more joint account money which is for the doors and windows. Thanks you for organising the doors and windows – can you tell me the details and how much it will cost?
I hope this is ok for you and me both.
Customer: replied 10 days ago.
The reason I asked for £35000 is the amount of money I need to walk free of debts. House value is £265000
The tesco credit was in his name and the £1600 - pain, garden tools, plants, food, etc...
I would like to ask for £35000 clean - we still have £6000 into joint account for Windows Reno at the end of November.
Could I ask for a clean £35000 ?
With a name change at the end of December 2020 so I will have time to sell my belongs?
Expert:  SolicitorRM replied 10 days ago.

Yes you can and if the costs for the windows turns out to be less than the credit in the joint account he should share the balance.

Customer: replied 8 days ago.
Expert:  SolicitorRM replied 8 days ago.

You are very welcome. All the best.

Customer: replied 8 days ago.
Thanks again: I have sent the following email
Customer: replied 8 days ago.
Having received legal advice and in the reply to your email Friday, I propose to be paid £40,000, minus the payment discrepancies you mentioned in your email, and the costs that would be shared between us regarding the removal of my name off the mortgage and deeds, etc.I will remain at the property until December to allow time to clear the property of my belongings and prepare my future home. Therefore, I will not remove my name from the mortgage, etc, until I leave the property.As you know, I wanted to buy an airstream to convert into a home. My share of the Queenstown Garden capital was to be used to purchase this. I had seen a cheap caravan and that fit the plan and was in a hurry to purchase. However, I am now more aware that this may take us some time to figure out, and I am not willing to rush and accept anything that is not in my best interest. We both invested time and money in a house that was supposed to be our home and an investment for our future.Therefore I prepose the following options.Option 1 -
- Payment of £ 40,000
- Agree deductions regarding the payments you mentioned above and legal costs regarding mortgages / deeds, etc.
- Payment of £ 20,000 to be made as soon as possible (to allow me to prepare my future accommodation)
- The rest will be paid when I move in December and sign my details off the mortgage / deeds, etc.
- Draft a written agreement and sign, both indicating the agreed actions, dates and obligations. I am happy to do this through an attorney if you wish.
- I am open to discuss dates, payments, etc. with you, so that we can come up with a mutually acceptable plan for both of us. If you wish to do this, I request it be done by written correspondence (email or postal mail).Option 2
- If we cannot reach a mutual agreement, then I would like to propose the sale of the property and the profits, after the mortgage repayment, be divided equally. As you are aware, this would be considerably more than the 40,000 pounds that I request.As I have said, I am open to discussion, through written correspondence, so that this matter is resolved amicably.As we figure this out, I ask you to keep the past years in mind. In addition to many periods where I was solely left at the property while you were away, I made sure to keep the property in good repair, along with general maintenance and trying to make it a home. As well as reminding you of your actions regarding lies and constant cheating (whilst on a break or not), your constant suggestions of marriage and children (of which you always took back - the last time just a few weeks ago), your absence from our home and the low comment words you have used towards me have all caused me considerable pain and low selflove. With this in mind, I want to close this chapter of my life as painlessly as possible; however, they are not going to push me to rush into something that is not fair or that is not the best for my future.I really hope you can understand.
Expert:  SolicitorRM replied 8 days ago.

That sounds fair. You will have to see what they come back with.

Customer: replied 8 days ago.
Nice to hear that. Thanks again. Will contact you ASAP.
Expert:  SolicitorRM replied 8 days ago.

No problem.

Customer: replied 6 days ago.
After I had sent a letter on Sunday. I don’t have any news.
How long is the right time to wait to hear from him?
Expert:  SolicitorRM replied 6 days ago.

Morning 3 days and at most 7 days.

Customer: replied 6 days ago.
Thanks a lot.
Expert:  SolicitorRM replied 6 days ago.

You are welcome.

Customer: replied 3 days ago.
I didn’t hear from hiM yet.
Could I send him a warning letter of my intention to apply to court for an Order for sale?
Expert:  SolicitorRM replied 3 days ago.

Good afternoon, yes you may. Perhaps also request a read receipt in case he says he has not seen the email.