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Courts and beneficial interest?

  • ian2447
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08 Dec 11 #301170 by ian2447
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Hello,
New to the forum and would appreciate some advice please.

Was living with ex-partner for 9 years. Gave up council flat to live with ex-partner. Was engaged with planned wedding. 2 mortgages on property in joint names, ex-partner's name only on 'deeds'. Paid into both mortgages and joint account, then all wages went into ex-partner's account. Considerable work done on property to increase value. Was lead to believe through actions and statements that relationship and property would be a 'joint and lasting shared venture'. Partner requested I move out as she wanted her 'own space'. Moved out into rented accommodation and partner changed locks. Unilateral notice (UN1) placed on property through land registry. Grounds for a beneficial interest / constructive trust briefly set out. Will accept proprietary estoppell solution.

I have approached solicitors, but they do not seem to be interested in taking a case on for this.

Realistically, what would the chances be of getting some sort of resolution through the courts on this??

Any help appreciated.
ian

  • jonathancj
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08 Dec 11 #301242 by jonathancj
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What is the value of the equity? If there are two mortgages, is this worth the hassle and stress?

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08 Dec 11 #301282 by ian2447
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Property value at present would approximately be around £170k - Ex-partner bought it initially for £70k - 2 mortgages add up to approx' £105k. I am not vindictive enough to force an immediate sale, although admittedley still 'very sore' about what has happened. I would be settled at some form of estoppel solution - having paid into the mortgages, put great effort into work to increase the value of the property and would have had my own property (ex council flat)if I had not spent the last 9 years 'lining someone elses pocket'. I have suggested entering into an agreement to register a nominal settlement if & when ex-partner ever does sell the property - ex-partner refuses to enngage in any form of discussion.
Again, realistically, would I have any chance of any sort of resolution through the courts?

Any advice greatly appreciated.

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