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plclegal, Barrister
Category: Law
Satisfied Customers: 7223
Experience:  Barrister at law
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My ex partner kept the house when we split and sold it 12

Customer Question

My ex partner kept the house when we split and sold it 12 years later, however during this time I never signed any remortgage papers but it was still in my name was this legal?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: He filed against me to sell the property, this all went through, now he’s come at me for £23k I apparently owe him, but I never gave permission for him to extend the mortgage
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: it’s in Birmingham court
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Submitted: 16 days ago.
Category: Law
Expert:  plclegal replied 16 days ago.

Hello, my name is***** for your patience.

I’ll do my best to assist you today and I’m sorry that you are going through this. I appreciate that is is important that you find a resolution as soon as possible.

Please note that our discussions on this site are for general information purposes and do not create an lawyer-client relationship. It is always recommended that you consult with a local solicitor for specific legal information. You may receive a phone call request which is from the site, not me, and you may choose to ignore this request.

Please be patient with me as I am generally assisting multiple customers at once and this is an email service, but will I will review your question and respond to you as soon as I can, as your question is very important to me. I hope that I can help you resolve your issue today.

Expert:  plclegal replied 16 days ago.

Can you tell me what the basis of his claim for £23k is please?

Was the house remortgaged without your knowledge ir did the existing mortgage remain in place until the time of sale?

Customer: replied 16 days ago.
Thanks, ***** ***** you can help
Customer: replied 16 days ago.
I believe the £23k is his legal cost for taking me to court to sell the property, but I never contested the sale at all and he sold it in Feb 2019, I suppose I have 2 questions. 1) can I contest this money I have to pay and 2) would he have been able to extend the mortgage to cover 12years in my name without asking if this was ok?
Expert:  plclegal replied 16 days ago.

Thanks for clarifying.

If the property was remortgaged whilst still in your name, you should have been aware of this. If it was a joint mortgage any change to the mortgage would have required both signatures.

Did he write to you before the court application for sale to ask for your permission/ cooperation?

Has he presented you with a bill for costs? £23k is very high for an uncontested application that on your account was not necessary as you consented.

Customer: replied 16 days ago.
Hi, so it was a joint mortgage, I believe it stayed with the same company but he would have had to extend this and I was never contacted, so is that element legal?
Customer: replied 16 days ago.
With the costs, he said he was taking me to court to sell the property, but I never stopped him selling it, I also filled out the court paper saying I wasn’t contesting the sale, so yes I believe it’s a ridiculous amount. They contract me in jan 2019 stating i needed to pay £22k, I responded saying I didn’t have anything like that sort of money and what would the next steps be, I never heard anything back from them at all, and now this court summons
Expert:  plclegal replied 16 days ago.

If the mortgage remained with the same company then it may have simply rolled on. Initial deals are time limited for discount rates but the whole term is usually for the duration of the mortgage. So the fact there was a time lapse between you leaving and the house being sold is not in itself an indication that there has been foul play.

If this is an order for costs made against you, and he did not even notify you until the last minute that he was going to apply to court to apply for the sale - and you have evidence of this - then you should have a defence against the costs order.

When someone applies to court they are supposed to follow a reaction protocol - which means they have to notify you of their intention to apply to court if you don't consent to the sale and also invite you to mediation to try and resolve it without having to apply to court. If none of this was done then you have a good argument to say that the costs claimed should not be sought from you as you would have consented had he simply asked - basically that the show process involving a solicitor and a court application was pointless! The court summons is your opportunity to explain this to the judge. Obviously if he did try all of the above steps and you ignored him then you have less of a defence here.

I hope that's clear?

Customer: replied 16 days ago.
Hi there, I will have to check but I certainly wasn’t asked to mediation at all, do you think it is wise I speak to a solicitor to see if he followed the correct procedure? I just feel that this all happened 2 years ago, why is he now doing this? Also if I am found that I have to pay, how much would I have to pay out monthly? I’m currently living at my sisters saving for a deposit myself for a house so I have around £6k in savings and my disposable income is quiet high as I do not currently pay any rent or bills, I feel like I could potentially lose everything over this
Expert:  plclegal replied 16 days ago.

Yes I think its worth speaking to a solicitor to see if they can head off the costs issue for you. It sounds like much of the correct procedure was not followed - this limits your liability for these costs.

Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you.

Customer: replied 16 days ago.
That’s great thank you
Expert:  plclegal replied 16 days ago.

My pleasure. Have a good evening.