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ex making app to court even tho house is on market

  • fish0101
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17 Aug 12 #350185 by fish0101
Topic started by fish0101
My partner separated from his ex several yrs ago(not married, no children) and at the time they had a legally binding agreement( Legal Charge) that should he cohabitate again he would pay her an agreed amount. That time has now come and since we dont have the finances in place to re mortgage or get a loan we have put the house on the market. Her name is not on the deeds nor does she have any financial involvement. recently we have had a letter from her solicitor stating that they are now passing her file to their litigation department and will make an application to the Court ordering us to pay the costs.
As the property is on the market what more can we do and what is the likely outcome at the courts? Any advice is much appreciated.

  • LittleMrMike
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18 Aug 12 #350343 by LittleMrMike
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It depends on the wording of the legal documentation.

You say her name is not on the deeds. I suspect that your '' Legal Charge '' is a charge on the house for a specific figure, or a specific percentage of the proceeds, which becomes payable in certain eventualities, of which cohabitation could well be one.

The chances are that, if it has been done properly, the charge will have been registered at the Land Registry and any buyer, when you finally find one, will insist that the charge is paid off and that is when she gets her share.

What exactly is it her solicitors want ? You mention an order for costs. The costs of what ? The costs of sale ? The answer to that depends on the wording of the agreement ; basically she gets what the agreement says she gets.

LMM

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18 Aug 12 #350409 by fish0101
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Yes it has all been done properly. Main concern is to why she would want to take me to court. I am doing everything to raise the money eg selling the house in order to pay her. What would it achieve to go to court? Many thanks for your input

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18 Aug 12 #350413 by LittleMrMike
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Taking you to Court will not find her a buyer. We sometimes get this type of dispute on wiki though where there is a Court order and the price has been set too high and there are no buyers or even viewings.

Do you know exactly what her grounds of objection are, or what she would hope to achieve by going to Court ?

LMM

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