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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 2363
Experience:  Owner at James Bruce Solicitors
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I’m after some advise I’m going through a separation I have

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Hi I’m after some advise I’m going through a separation I have a joint mortgage but she has never paid a penny of the mortgage or bills where do I stand when splitting up the money?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Nothing yet need to know where I stand
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: Yes and I’m Portishead Bristol
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Not that’s it

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

As you have a joint mortgage, if the property is also owned as joint tenants, then the starting point for the splitting of the proceeds of the sale of the property would be 50/50.

You can negotiate a different split but that would need to be agreed between the two of you.

Customer: replied 8 days ago.
even tho I’ve paid every bill all of the Mortage she’s still entitled to 50%
Customer: replied 8 days ago.
I also payed 50k deposit which came from my last house which was a sole mortgage

Unless you have a written contract to say otherwise, or you both agree to a different ratio from any sale, the only other way would be through litigation at court. You would have a very good case to argue that you should receive the far larger share.

Customer: replied 7 days ago.
I have all bank statements to prove I’ve paid All the money in
Also I bought a car my name is ***** ***** invoice but the log book is in her name and is refusing to sign it over where do I stand on Thai
Customer: replied 7 days ago.

If you have all bank statements then that would really assist your case. But it would still be a case of agreeing or going to court. If on the deeds you are joint owners, then if the property was sold, you would both have to sign documents, if no agreement was made, the conveyancing lawyer would pay the funds where instructed which she could insist is half to her own account.

As for the car, the V5 means she is the legal keeper, but if you are able to show that the car was purchased and paid for in your name, that would make you the legal owner.

Customer: replied 7 days ago.
Yeah I have all the paperwork for the car the finance agreement is in my name

Then you could also claim the car back via court if needed as you can show you purchased the car.

Customer: replied 7 days ago.
Lovely thanks for your help

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

Customer: replied 7 days ago.
What are the chances of winning a bigger share with the paper trail I have in your professional opinion

If it went to court, on face value with what you have explained, it could be better than average.

Customer: replied 7 days ago.
Ok thanks thing is she agreed to 30k which I have as a recording,but I said I would give her a extra 5k to make it 35k would that be something that would stand up?

It is possible, but if it was only part of negotiations then not enforceable, there wold need to be a formal agreement, intention to create an agreement.

Customer: replied 7 days ago.
Ok thanks

Your welcome. Good luck.

Customer: replied 7 days ago.
Customer: replied 7 days ago.
If I need anymore advise I will be in contact

Sure, no problem, here to assist.

Customer: replied 7 days ago.

Take care.

Customer: replied 7 days ago.
Hi how do I go about getting a domestic abuse order against her?

Hello, unfortunately, your last question is unrelated to the property law matter that you asked, and would require a new question being asked regarding domestic violence.

Customer: replied 7 days ago.

Good luck.

Customer: replied 7 days ago.

Your welcome.

Customer: replied 7 days ago.


james bruce and other Law Specialists are ready to help you
Customer: replied 7 days ago.