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Threat to be taken to court

2

Comments

  • Bex981
    Bex981 Posts: 11 Forumite
    Yes, I understand that which is why I have stopped paying toward my pension and will pay the mortgage but will she have a back dated calm rights in small claims court?
  • Guest101
    Guest101 Posts: 15,764 Forumite
    Bex981 wrote: »
    Yes, I understand that which is why I have stopped paying toward my pension and will pay the mortgage but will she have a back dated calm rights in small claims court?
    Unlikely, she cant unilaterally change an agreement
  • Just thinking out aloud here but is there an agreement on how the equity should be split once the house is sold?


    If she wants to play hard ball then potential you have the opportunity to play her way as well
  • Bex981
    Bex981 Posts: 11 Forumite
    Just thinking out aloud here but is there an agreement on how the equity should be split once the house is sold?


    If she wants to play hard ball then potential you have the opportunity to play her way as well

    No, I have always said she can have any profit that is made from it.
  • Bex981 wrote: »
    No, I have always said she can have any profit that is made from it.



    Was that in writing?


    I must admit that sounds very generous on your part, especially as you were paying some of the mortgage
  • no, you get half of the profit. she can't backdate your payments and take all the profit... stand up for your money!
    CCCC #33: £42/£240
    DFW: £4355/£4405
  • hazyjo
    hazyjo Posts: 15,475 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    no, you get half of the profit. she can't backdate your payments and take all the profit... stand up for your money!
    Exactly. She can't have her cake and eat it.


    I'd be tempted to go in saying of course you'll pay the mortgage, so long as she'll split the profit. Fair's fair...
    2024 wins: *must start comping again!*
  • Bex981
    Bex981 Posts: 11 Forumite
    Was that in writing?


    I must admit that sounds very generous on your part, especially as you were paying some of the mortgage

    I know I could insist on half of any profit but that would result in a delay which may cause the buyer to pull out again and I spent £14k getting access to my son back and trying to stop her from being able to move away with him so I have no money for legal costs involved! Sad but true!
  • Guest101
    Guest101 Posts: 15,764 Forumite
    Bex981 wrote: »
    I know I could insist on half of any profit but that would result in a delay which may cause the buyer to pull out again and I spent £14k getting access to my son back and trying to stop her from being able to move away with him so I have no money for legal costs involved! Sad but true!
    What legal costs? You refuse to sell unless she agrees
  • Bex981
    Bex981 Posts: 11 Forumite
    Guest101 wrote: »
    What legal costs? You refuse to sell unless she agrees

    And then I'm left paying the whole mortgage rather than half! Anyway, I'd just like to know if she can back date her half mortgage payments requests? If the small claims court are likely to decide in her favor?
This discussion has been closed.
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