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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 29202
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I would like to speak to a barrister on the phone who

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I would like to speak to a barrister on the phone who specialises in property law. My ex partner is claiming property estoppel. She has issued a Tolata section 14 to the courts.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

How may I assist with the above please?

Customer: replied 15 days ago.
Hi Joshua, thank you for your response. I would prefer we go through the details via a phone call. I do understand their is a fee for this. Regards Jonathan

Thank you for the above. Please forgive the delay in my responding - I have been stuck in a long meeting.

I am very happy to speak with you by phone if you are available tomorrow.

In the meantime by way of summary, an individual can make an application to court under section 14 of the trusts of land and appointment of trustees act for an order as regards ***** ***** in the property and/or an order for sale of the property. From what you describe, your ex-partner is claiming estoppel which indicates that they are claiming that you gave them cause to understand or believe that they would be entitled to a certain interest in the property in consideration for something they did or paid. There are many elements that can be relevant in consideration of such a claim including documentary evidence, particularly if there is a declaration of trust, your respective financial affairs and whether you shared finances and financial evidence of contributions or other documentary evidence. I am very happy to discuss this further and the specific facts if you would like to speak by phone tomorrow.

Customer: replied 14 days ago.
Hi Joshua, thank you for your mail. Yes please do give me a call tomorrow morning to discuss.
Many thanks Jonathan
Customer: replied 13 days ago.
Hi Joshua, hope your well. Please could we schedule a call for tomorrow some time? If ok, I’ll send you a brief outline of the situation. Many thanks Jonathan

Hi Jonathan - please just post back shortly before you would like to arrange to speak. The way the website works, there is no real facility to schedule a call but if you post a response around the time you want to speak, I will pick it up at that point. I am available generally tomorrow during business hours

Joshua and other Property Law Specialists are ready to help you
Customer: replied 12 days ago.
Morning Joshua, here is a brief outline of events.
I purchased my property in my sole name in July 2017, only my name on the deeds. The house had extensive refurbishment to which my ex assisted. she maintains she did all the work but this is not the case and I have sufficient paper trail to prove this. After the refurbishment the house rose in value by about £250,000. After the refurbishment my ex left. she stated she would not come home unless I gave her a share of my house. Our son at the time was 2. we tried to resolve matters but it was all entered around me giving her a share of the house which I felt was unfair and not a way to mend our relationship, again I have sufficient written proof of this. My ex during this period really limited my access to my son and refused to let me see him alone, I instructed solicitors regards ***** ***** at that point.
I was struggling to cope with not seeing my son so I yielded and produced a draft dec of trust for half of the profit the house made, she took it to her solicitors and came back and demanded double plus a monthly income of £3000. needless to say this was not agreed and the draft Dec of trust never got signed or agreed. this trust came about after the work was completed and the house rose in value. she is claiming I made a promise to her and that she worked to her detriment, but as I understand this is not the case as no promises were made prior to buying the house or when the refurbishment was done therefore she was not working to her detriment. she is adamant on proceeding to court. I would like to add that at no point did my ex contribute financially to my house by way of mortgages, utilities or the actual refurb costs.
I hope this helps somewhat as a brief outline. I am free to talk now if you are.
many thanks Jonathan

Hello - I have tried to reach you a couple of times without success today. Will you be available on Monday or alternatively possibly I may be able to speak tomorrow late afternoon but will need to confirm. Let me know what suits.

Customer: replied 11 days ago.
Late afternoon tomorrow is good for me. Many thanks
Customer: replied 9 days ago.
Hi Joshua, are you free to talk now?
Customer: replied 6 days ago.
Hi Joshua, please can you let me know if you can call me today? I need the advice urgently now so if you can help that would be good. Thanks Jonathan