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When I separated from partner in 2015, he chose to buy me…

Good morning, when I...

Good morning, when I separated from partner in 2015, he chose to buy me out with an agreed 50/50 split. he could not afford the full 5o% so I agreed that he gave me 40% and that I retained a 10% share which was registered at the land registry, and in a declaration of trust.. I wish to dispose of my 10%,now as I no longer wish any association with the property. 10% of the current valuations is about £43,000. He has come up with detailed calculaions bills etc he paid during construction etc and Is offering £2150 as a full an finally payment. I do not have access to his records, though he would love to show them. The thing is, I think either he or I am missing the point. The agreement which he agreed to at the time and legally registered was that I retain a 10% share., and that it was an agreed 50% split. He haad the figures,which wer not an accurate reflection as he is now saying the although he thinks he had a larger share it was a gesture of goodwill to agree to 50/50. I am prepared to go to court for an order fo sale to call his bluff. Would the court make a judgement on the fact that this is what was agreed and registered at the time ie my entitlement would be 10% of the current value, and therefore my entitlement, or would it consider this mass of figures and if they agreed with his calculations etc revisit the amount of my entitlement based on what he has come up with now. This would not seem very fair to me as he has always had those figures eveb at the time of the split, and he agredd legally with the declaration of trust etc, if the court was going to revisit it, I know that I put in a whole lot more than his records show, unfortunately, I myelf did not keep such meticulous records. What would be the view of the court Do you think? Hopefully you can help as I am worn out emotionally with it all, but will not let him control me any longer. Sincerely yours,*****: Since laws vary from place to place, what state is this in?

England, UK

Lawyer's Assistant: Has anything been filed or reported?

Documents at the Land Registry, Declaration of Trust, and registry documants state I have a 10% ownership of the property.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Can't think of anything specifically except that I have not got all my documents with me as I am in France until Sunday evevning

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Answered in 6 hours by:
9/7/2017
Thomas Judge
Thomas Judge, solicitor Advocate
Category: UK Property Law
Satisfied Customers: 33,878
Experience: award winning lawyer with over 15 years experience
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Let me see if I can help. Whilst there are no guarantees into the world of what judges think (different judges can come to different views on the same facts) the deed of trust if properly drafted would be the document which the court would seek to rely upon rather than reinvestigating the entire matter. One of the factors which supports this argument is that the court will not have considered matters such as rental which you would arguably be entitled to from him for the fact that he has lived in the property alone. As such I rather think that they would work on the basis of your entitlement to your 10%. Please rate.

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I hope that this answered your question. Justanswer works on people giving ratings. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

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Customer reply replied 10 months ago
Thank you Thomas, this is helpful. Could you tell me if you are a practising solicitor in the UK please before I do the rating, thanks.
Customer reply replied 10 months ago
Hi Thomas, not sure if my message got sent. Before I give a rating to this very helpful reply, could you let me know if you are a practising solicitor in the UK please?

Yes I am a qualified and practising lawyer.

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Customer reply replied 10 months ago
in the uk?

Yes.

Thomas Judge
Thomas Judge, solicitor Advocate
Category: UK Property Law
Satisfied Customers: 33,878
Experience: award winning lawyer with over 15 years experience
Verified
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