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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Question for Stuart J only
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Stuart J replied 1 year ago.

Hello again. Anything further I can help with?


Customer: replied 1 year ago.
Hi,Many thanks for your reply, although mostly I placed this question to give you an extra tip really and will be able to give you an excellent rating with it too.At the moment no, but I am about to contact the clerk to get that barrister opinion and if it's OK with you update you a bit later as to the position.Many thanks for your kind assistance and offer of further help.Kind regards
Expert:  Stuart J replied 1 year ago.

Thanks. I am glad to help. Please let me know how you get on. Kind regards


Customer: replied 1 year ago.
Hi,You will recall that you helped us before with an insurance claim.Nevertheless, I now need some assistance in another issue, which is completely property law related.The issue is regarding my ex wife who has been a real menace ever since we split.She already took the majority of the custody of the children, and is now attempting to take the whole of the property.She lies and manipulates in situations and has once again done that, it does not help that she has a very devious and underhanded solicitor.The house was purchased for £400k which was later significantly damaged by fire, an insurance claim to repair the house and restore the house was put in.
In 2014 I agreed a Tomlin order to pay the sum of 200k to the ex wife on the assumption the insurance company would restore the house. However the insurance company refused to pay out utilising some minor technicality (a minor non disclosure which as it happened had no baring on the claim). As such I did not have the means to restore the property and the insurance refused to pay out - a case was held on 30th November 2015 where they successfully argued their case and their refusal to settle the claim was upheld in their favour.As a result of the extensive damage to the property, the property is now worth below 150k which is in fact equal to the mortgage remaining on the property.
The ex wife who is a joint owner and now (due to the fact that I was unable to pay her the £200k as per the order) has charge over the property; as such is attempting to sell the property to her friend for the measly sum of £120K.Nevertheless, it is nonsensical for me to pay her the original amount as per the order of £200k when the insurance claim has fallen through and there remains an all but burnt out property worth a paltry £150k and that being approximately equal to the mortgage remaining on it.Clearly the original order stating I must pay her £200k is outdated and I would like to have that outdated Tomlin order re-evaluated to correctly reflect the market value of the property.As you can see she is utilising an outdated Tomlin order to make me sustain the entire loss of the failed insurance claim and as such be left with a burnt out mortgaged property worth no more than £150k, yet expects me to produce for her the full original amount of £200k without alteration. It beggars belief that why I should be the sole person taking the entire loss of that and not an equal loss from the other party. She is also taking advantage of the charge on the property and to hurriedly recover whatever amount she can for herself is attempting to sell the property for less than market value (please see the attached letter that illustrates the what happened when he came to the the property). And because I am tired of her behaviour the next steps I have written to bring her into some sort of order.Please advise what I should do and how if possible I can get her charge removed as she is already trying to undersell the house to her friend, which I believe is a private deal, where she has agreed a private cash payment over and above the shown selling price so as to maximise her personal profit from the sale of the property and leave me to suffer a complete loss in isolation.
I look forward to hearing from you soon.Kind regardsPS - you will recall that in the last question because I did ask you a few things I opened another question just so that I could pay you again to ensure fairness on you.
Customer: replied 1 year ago.
Hi Stuart,Please can you get in touch regarding the above, £38 fee is acceptable for the discussion.Kind regards