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plclegal
plclegal, Barrister
Category: Law
Satisfied Customers: 8015
Experience:  Barrister at law
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I was in a relationship in 2011 and l bought a flat with

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HI i was in a relationship in 2011 and l bought a flat with then then partner.
JA: Where are you? It matters because laws vary by location.
Customer: You
HI i was in a relationship in 2011 and l bought a flat with then then partner.
JA: What steps have you taken so far?
Customer: HI i was in a relationship in 2011 and bought a flat with the then partner. She left in 2013 leaving debts which she did not pay. In 2016 l tried to resolve the issues and get her to pay debts and settle the flat mortgage issues as it was in both names ( the flat is a part buy part rent the amount of mortgage is for 30%). In 2016 she did not cooperate al all and was very abusive, the police were involved. Now this month she was to be released from the mortgage and is claiming 50% of the equity, even though she has not paid anything towards the rent, mortgage of standing charges, what can l do. it seems to be very unfair?
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: i think that is enough for now

Hello, my name is*****’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.

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Customer: replied 7 days ago.
opted to talk to you by phone

It looks like you clicked the call request button - apologies I can’t take a call at the moment but other available experts are free to contact you. If no one calls you then you will not be charged for it - an "authorisation" has been made for payment, that's all. However, the call request is open to all experts - if you want to cancel the call then please send an email to *****@******.***, or contact customer care on this number - 0808(###) ###-#### I will continue to answer online in the meantime.

Customer: replied 7 days ago.
ok l will continue by email, what can i do about my issue

How is she demanding 50% of the equity - is this via a solicitor's letter for example?

Can you quantify everything you have contributed since she left, including her debts?

What do you feel a fair share to her would be?

Customer: replied 7 days ago.
l can when l tried to resolve the matter in April 2016, a spreadsheet was created, this can easily be updated to present day. When the figures are calculated she actually owes me more than her share of the equity. But l have been told that the courts would not take this into account and view the matter on prperty law?
Customer: replied 7 days ago.
The equity now would be around £75k so 30% of the £75k would be split between me and her
Customer: replied 7 days ago.
Can l claim the amount she has not contributed?
Can this be offset against the amount of equity she is claiming, will the courts if it goes that far be sympathetic to me?

The starting point is that the equity share is 50/50, as joint owners. But, the history is relevant. The position should be amended to reflect additional contributions that you have put in (to the property, not her personal debt though) as this area of law is not strict contract law but falls under trusts and equity, where a fair and equitable solution is the intention when resolving a dispute.

You should hopefully not have to go to court over this. Such cases are costly and are not resolved quickly.

The spreadsheet helps, certainly.

I would suggest that you make a counter offer that is reasonable and fair, in order to resolve things. If you have a solicitor draft this for you, they can give the background/ context and the reasons that the court would support your position. That should be enough to hopefully promote a reasonable response from her and bring the matter to an end. So an outlay of a few hundred pounds on a solicitor's letter should mean that you can hopefully resolve the matter.

I hope that this helps? Can I clarify anything further?

Customer: replied 7 days ago.
Can I claim for the mortgage costs she has not paid now as a debtThis would focus minds on a resolution

You could certainly make an argument for any capital repayments to be credited to you, on a repayment mortgage.

I hope that this answers your question?

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 7 days ago.
I suspect that to go to court would be expensive for both sides and the amount of equity available would not cover court costsConcerning the values owed by the other side could this be claimed as a separate debt a different action so as to add pressure

Indeed. Yes you could bring a claim for monies owed to you by her through the small claims court, thought there is a 6 year time limit on making such claims. So if you worked from April 2016 as the trigger date where she agreed to repay you, you have just enough time to claim.

plclegal and 3 other Law Specialists are ready to help you
Customer: replied 6 days ago.
If it went to court would her history of anti social behaviour, harassment police warnings etc have influence?
Customer: replied 6 days ago.
Hi did you get my last message?

Apologies I was working on something else. The history of antisocial behaviour won't really count towards anything I'm afraid, in terms of the property ownership issue.

Customer: replied 6 days ago.
Do you think I have a strong position to challenge the other sides claim?

On the basis of information you have given you have a case to argue, yes.

Customer: replied 6 days ago.
Thanks for your help

My pleasure. Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter