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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 34023
Experience:  25 years experience of all aspects of family law
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I'm Graeme, when we bought the house together my partner

Customer Question

Hi, I`m Graeme, when we bought the house together my partner put down a larger portion of money than I, our solicitor drew up a form stating the difference in capital given, neither of us signed the paper, we have since parted at her behest and remortgaged to allow me to buy somewhere else, we are in the process of trying to sell, I have received a letter from her solicitor stating the fiscal differences, now during our time together her husband stopped maintenance for his 3 children that lived with us, he was paying £1000 per month, this lasted for 18 months until he started paying again, during that time I was supporting his and her children, also when buying the property I part exchanged my house owned by me with the builder for the house we bought together, the builder reduced the value of mine by £5000, in the letter from her solicitor none of this is mentioned, what do you suggest, as of yet I have not replied to the letter?
Submitted: 2 years ago.
Category: UK Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Which part of the Uk are you in and what is your ex asking for?
Clare
Customer: replied 2 years ago.
We both still live in South Wales, she is asking for what was set out in the initial agreement, which I don't have a problem with its just the matter of her recognizing the £5000 loss I took to buy the house and the support I undertook when her husband refused to carry on paying the agreed maintenance for his children of £1000 per month, (this again was agreed between them by word of mouth and on the understanding that she would not pursue him for his building business, which she did not), so I am asking you where do I stand with regard to the extra monies if and after the property is sold, she is still living there with her new partner, I moved out 2 years to the day, there is an annex to the property which we/she rents out and this covers the mortgage.
Expert:  Clare replied 2 years ago.
Hi
May I ask why your £5000 hit on your sale was not recorded as part of the agreement?
Clare
Customer: replied 2 years ago.
To be fair I did`nt expect the relationship to breakdown, just as I did`nt expect her ex husband to not honour his agreement with regard to childrens maintenance!
Expert:  Clare replied 2 years ago.
Hi
Why did the Solicitor draw up the agreement - and why was it not signed?
Clare
Customer: replied 2 years ago.
The Solicitor said it was a good idea and because of the difference in committed funds, the excitement of a new start for both of us, never got round to it, I am not so worried about what was in the deed, but the other finances that I have committed.
Expert:  Clare replied 2 years ago.
Hi
Your problem is that the deed was drawn up - showing a clear intention that you would own the property in unequal shares - and setting out what those shares would be.
Since the £5,000 was not referred to in that then it will be difficult to claim it as a factor now - and I am afraid that the fact that her ex did not pay child maintenance will not be relevant at all.
Having said that this does not mean that there is no room for negotiation - so a polite letter back pointing out that the account given takes no account of these other factors would certainly be a first step.
However if they offer the £5,000 then take it
I hope that this is of assistance - please ask if you need further details
Clare

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