Does the wording that I have put together for the N208 reflect what I want to achieve? Once I have the order for sale, which form to I fill out to have the court decide how the equity should be split.
Yes, I am attempting to conduct this case myself, I have already spent thousands with solicitors and I'm no further forward. I'm hoping that once I submit the form this will encourage him to settle out of court.
I am paying the mortgage. He thinks he is entitled to a straight 50:50 split thereby benefitting from the increased equity due to my capital mortgage payments PLUS he wants £10k on top of that. I don't think he should benefit from the increased equity since he has deliberately obstructed the sale in order to profit in this way, and he will continue to do so unless I force a sale, neither is he entitled to an extra £10k on top.
Thanks for your advice so far.
Regards the occupational rent. My ex-partners' solicitor says that he is entitled to occupational rent which is equal to his share of the mortgage that he hasn't paid. However, I read that the court will often offset the occupational rent against the mortgage interest only, but not against the capital. Can this be included in the form? So instead of 'such provision as the court shall see fit in relation to occupation rent'....is it possible to request instead that any claim for occupational rent be offset against the mortgage interest which the Claimant has paid on behalf of the Defendant or something like that?
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