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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 6331
Experience:  Dual qualified Solicitor and Attorney
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I have an issue with a property I own with my ex-partner

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Hi, I have an issue with a property I own with my ex-partner (50:50 tenants in common). The relationship broke down 3.5 years ago, and we agreed to sell the house. I have 2 children by an ex-husband and they live with me 50% of the time - one week on/off). I have no children with my current ex partner. We've been trying to sell the property for 3 years - but my ex partner has been obtrusive for the whole time, with unrealistic expectations regarding the sale price (despite mountains of evidence proving the contrary). I need the house sold so that I can move on and buy a home for myself and my two children. My current living arrangement has been untenable for quite some time (and has been exacerbated by a number of extraneous events - Brexit, C-19 etc.), but my ex partner is being increasingly difficult about reducing the house price to stimulate viewings and a potential sale. Many similar properties around us have come onto the market and sold within the first week of being advertised - and at lower prices than what our house is being marketed for. My options are limited - I need my 50% share of the sale proceeds to buy a property for me and my children. My ex partner has 2 properties in London - either of which he could move back into. I do not have that option. I'm at the point where my children and I need to move out and away from my ex partner - this living arrangement is becoming more and more toxic, and my children no longer feel comfortable leaving me in the house alone with my ex partner every other week. This cannot go on. I've tried reasoning with my ex partner to reduce the house price to a sensible buyer driven/competitive price - but he is pushing for us to rent instead. Renting, whilst an option, is an expensive option for me (especially as I know that if we priced our house correctly it would most definitely sell!). If I do end up renting =, I would need a number of guaranteed from my ex regarding the re-marketing of the property. This is where I need help: I would like to draft an agreement stately clearly what the terms of my agreeing to a 12 month rental period me in practice: I cannot have him vetoing the sale in 12 months time on a whim, especially if the house price goes down in value...can you help? Best, ***** *****:***@******.*** 07799 470095
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I know that I have the option to file for and Order of Sale at the Courts - but wanted to use that option only as a last resort...I was hoping that a well worded letter from a specialist lawyer would "focus" his mind, and show him that I am serious about the need for the house to be sold - quickly. I've waiting and dealt with his prevarications for 3 years. My patience has run out.
JA: Where is the house located?
Customer: Postcode: SE20 8LA LONDON
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Not really, I can show the lawyer all the letters I've written to Gary Buller (ex partner) about the sale of the house. The letters between us and the estate agent re: needing to be more realistic about the sale price. The marketing evidence in support of all of this - and the total lack of viewings over the past 3 years due to the house being substantially over-priced in relation to other comparable properties in the area.
Customer: replied 6 days ago.
File attached (SGG1TP5)
Customer: replied 6 days ago.
Please confirm that you've received all of the additional information/files i've sent through to you. Many thanks, Lisa
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Why are you so against an order for sale it’s been 3 years an order for sale would seem logical? Then you can sell and be done with it. With an order for sale you could sell it at a lower price.
Customer: replied 6 days ago.
I'm not against it; I just thought (from everything I've read) that this would be the costliest route and not necessarily go my way.... the appropriate price point for the property is £885 - 900k. At this price we'd get viewings and offers - we've had no offers in 3 years!
Customer: replied 6 days ago.
It is also my understanding that, in any event, what is known as a ‘pre-action protocol’ letter will need to be sent to my ex partner. The importance being to build a comprehensive and solid case from the outset, as I'd need to set out the documentation on which I intend to rely from the very first letter I send....Would the 2 letters (December 2019 and August 2020) I've already sent to my ex-partner count as 'pre-protocol' letters?
It wouldn’t necessarily be that expensive. You would need to engage a solicitor but given the evidence it should be straightforward to obtain. Regarding the letters yes they would count.
Customer: replied 6 days ago.
This is reassuring to know - are you able to give me an indication as to how quickly the Order of Sale could be attained? And roughly what that cost might be?
Unfortunately it depends on the court and with Covid it might be delayed but a month or two would be typical but most of that time is waiting for a hearing date. In terms of cost a couple of hundred pounds I would think.
Customer: replied 6 days ago.
That's really helpful Jeremy - does your firm handle such cases?
Customer: replied 6 days ago.
finally, can the application be made in any County Court - or would it need to be the CC in the Borough of which the house is located?

Unfortunately, we cannot do this through this service as we are a Q&A service only. It could be made in any CC so I would suggest the one nearest you although at the moment hearings are being conducted via the telephone or video technology.

Jeremy Aldermartin and other Property Law Specialists are ready to help you
Customer: replied 6 days ago.
Thank you so much Jeremy - you've been amazingly helpful. You're helped clarify a number of issues regarding my position. I'm most grateful.

Glad I could help, if you have time it would be helpful if you could leave a trust pilot review of the service received: https://uk.trustpilot.com/review/justanswer.co.uk

If you could mention my name in the review I would be grateful as that way hopefully others will seek help and I can help them too.

Customer: replied 6 days ago.
With pleasure Jeremy
Thank you much appreciated