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wilko the vanman
Joined: 28 Jul 2006 Posts: 12 Location: lincolnshire
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Posted: Fri Jul 20, 2007 8:08 pm Post subject: legality of a letter |
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Me and my ex-partner split some 3/4 months ago. We had a joint mortagage but also my mother is on the deeds as she lives in a granny annexe of which she paid for.
My ex partner this week wrote me a letter saying she wanted £5000 to agree to be removed from the mortagage and deeds. The letter was signed by her. She has now changed her mind saying she wants more money. you can guess my answer knowing it would be almost impossible to force a house sale to raise the money that way. What I need to know; if I take her original letter to a solicitor does it have any legal standing against her or am I now on a sticky wicket to pay her more.
cheers in advance. |
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thescruff Moderator
Joined: 03 May 2003 Posts: 4249 Location: Bath
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Posted: Fri Jul 20, 2007 8:20 pm Post subject: |
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Not a lawyer so my reply should be treated as such.
From what I gather from my sons divorce, she would be entitled to half the equity.
You should see a solicitor at the earliest chance and discuss the problem, as every case will be different |
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wilko the vanman
Joined: 28 Jul 2006 Posts: 12 Location: lincolnshire
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Posted: Fri Jul 20, 2007 8:31 pm Post subject: |
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| Well I've already been on another matter as part of me and my ex, though it wasn't about the house as such. She did say that unlike married couples there was no automatic entitlement to half of everything. But that was as far as that was discussed. Thats why I wanted to know about the letter she wrote me. |
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thescruff Moderator
Joined: 03 May 2003 Posts: 4249 Location: Bath
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Posted: Fri Jul 20, 2007 8:51 pm Post subject: |
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I find that very difficult to except.
Two people living together as man and wife, joint mortgage etc.
50-50 seems like the fair split to me, a Judge will decide one way or the other, if you're hoping to get away with £5K |
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wilko the vanman
Joined: 28 Jul 2006 Posts: 12 Location: lincolnshire
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Posted: Tue Jul 31, 2007 10:29 pm Post subject: |
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After a visit to a lawyer, you were correct as far as the house was concerned (equity splits 50-50) but only cos I made the fatal mistake when taking the mortgage out of going for joint tenants as opposed to tenancy in common.
she is not entitled to any of my other assets though unlike in marriage.
Ironically in the news today it seems that could all change in the future. Which is fundamentally flawed. The way I see it some scam merchants can charm their way into a relationship, then move in, then after two years say goodbye and walk away with half of everything regardless. So, seems like another way for solicitors to make some money drawing up pre nup agreements. We get more like America every day!! |
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