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Aston Lawyer
Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 1730
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I need some advice about the selling of my house. I have a

Customer Question

Hi I need some advice about the selling of my house. I have a joint mortgage with my now ex partner, we are due to exchange contracts today, but he wont agree with the final figure he is due to receive. We both signed a promissory note to say that he owes me £34K but he is now wanting more than should come back to him
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: I'm in England
JA: Has anything been filed or reported?
Customer: Sorry I'm not sure what you mean?
JA: Anything else you want the lawyer to know before I connect you?
Customer: We will be left with £138K from the sale of the house and that is split in half, from his half he had originally agreed to pay me £34K, which would reduce his final payment to £35K but he now wants £40K, I need to know where I stand and how to deal with this - thanks
Submitted: 8 months ago.
Category: UK Property Law
Expert:  Clare replied 8 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

On what basis is he saying he should have more?

Customer: replied 8 months ago.
There isn't any other basis other than the fact that he has bills to pay (which are his own) and that he feels I'm cheating him out of money, which I'm really not. He feels that as he has lived in the house for 10 years he should be coming out with more money. That's it. He has now said he wants £38K otherwise he wont sell. If I agree to this and I have this legal document in place to say that he owes me £34k can I then go back and sue him for breach of contract after the fact? Our buyers are about to pull out if we don't exchange and I feel I'm being trapped by him. Staying here isn't an option, so we need to sell. Thank you Clare
Expert:  Clare replied 8 months ago.

Just to be clear.

There is a Promissory note whereby he owes you £34,000.

If he has £38,000 today he will still owe you £3.000 is that correct

Customer: replied 8 months ago.
It's actually more than that as there is also a debt of his that was for £3600, that I have a signed letter from him he agreed to pay, so the total would be about £6000 he would owe me
Expert:  Clare replied 8 months ago.

Excellent - then yes let him have the extra now so that your can exchange and complete - then use Money Claim online to sue hom for the balance late

I hope that this is of assistance - please ask if you need further details

Customer: replied 8 months ago.
Hi Clare thank you so much for your advice with this, that is good to know. I never intended to try and come out of this with anything more than what we agreed to, but he put me under pressure to get more money right at the last minute before exchanging, which has been really stressful and unfair. So it's good to know I can do something about it afterwards.
Thanks again. Carole
Expert:  Clare replied 8 months ago.

Good luck I hope all goes well

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