Chance of success of court order to force sale ?

griff450

pinkshoes wrote: »

You and her father sound as stubborn as each other!

Just put the house on the open market, sell it, take your share and move on.

(You could always get a friend/representative to buy it for you, so they are not aware that you are the buyer...)

How exactly would this work ? presumably everything would have to be in their names, including the mortgage and then i would have to repurchase off them afterwards ?!

griff450

I have finally had a response from her/their solicitor.

Essentially the father is claiming that we owe him 50K for the works done (we don't, it was done as a gift and no agreement was ever made otherwise)

He wants his daughter to receive 80K from the sale proceeds which will see her "take on the debt" and I'll be given a form to sign which exonerates me from this imaginary debt.

My solicitor is drafting a response now, but obviously I won't be accepting.

I have said I'm now willing to up my buy out offer or sell on the open market 50/50

If this is refused then what are the potentional next actions ? I assume an order for sale can't be pressed for because I am willing to sell !

I would assume a separate court action would be lodged to try and reclaim this spurious 50K figure?

griff450

I also wish to point out that there was no agreement (verbal, or written), there have been no quotes, no paperwork, no invoices. this 50K figure seems to be a rough figure pulled out of a hat that he thinks he is now owed because the relationship has broken down !

steampowered

There would usually be just one solicitor representing all sellers. The money would go to the solicitor, who would then have to forward the sale proceeds to each seller.

If you can't agree how much goes to whom that puts the solicitor in an impossible position - they would have to refuse to act or would have to hold the money in their client account pending a resolution.

In order to go ahead with the sale you would at the very least need to be able to agree how the sale price gets split. Any claim for work done etc. could be dealt with separately I suppose, but only if your ex agrees to that.

griff450

steampowered wrote: »

There would usually be just one solicitor representing all sellers. The money would go to the solicitor, who would then have to forward the sale proceeds to each seller.

If you can't agree how much goes to whom that puts the solicitor in an impossible position - they would have to refuse to act or would have to hold the money in their client account pending a resolution.

In order to go ahead with the sale you would at the very least need to be able to agree how the sale price gets split. Any claim for work done etc. could be dealt with separately I suppose, but only if your ex agrees to that.

To me it is a separate issue.

Firstly there is no money owed, there is no proof of money being owed, you cannot do something as gift and then retrospectively ask for money because your annoyed that a relationship has ended.

More so in the manner it is being asked for, for me to exonerate myself from this "debt" which will be "taken on" by the daughter which means shes will receive the money from the sale proceeds and then give it to her father.

The whole thing sounds like utter gibberish to me with no legal recourse, I am of course waiting for my solicitor to advise and draft a response.

The only situation I can see at this point is that they would have to take me to court, but is effectively taking his own daughter to court as well.

What type of court action would this be, seeing as I am not refusing to sell, simply not agreeing with their ludicrous demands on how the sale proceeds be split ?

ashe

How much has the works her father done on the house increased its value?

griff450

ashe wrote: »

How much has the works her father done on the house increased its value?

Property was valued at 290-300, although it was purchased at 270, it is now valued at 365.

The works were not solely done by him though, I also did work of which I have video and picture evidence, as well as other members of my family and her family.

I also contributed financially towards the works.

FBaby

Sorry but you seem to missing the point. Why would your ex's father want to gift you anything now that you've separated? If might have been a gift, but it clearly came with the unspoken assumption that you would be together for some time. Do you think that if you'd said at the time that you were intending of splitting soon enough, do you really think he would have happily done the work to increase the value of the house so that you could benefit?

Of course they isno agreement on paper that it was a loan, so he is making it difficult for you to benefit from this investment in other ways.

Frankly, I don't blame him at all, I would do the same if it was my kid.

griff450

FBaby wrote: »

Sorry but you seem to missing the point. Why would your ex's father want to gift you anything now that you've separated? If might have been a gift, but it clearly came with the unspoken assumption that you would be together for some time. Do you think that if you'd said at the time that you were intending of splitting soon enough, do you really think he would have happily done the work to increase the value of the house so that you could benefit?

Of course they isno agreement on paper that it was a loan, so he is making it difficult for you to benefit from this investment in other ways.

Frankly, I don't blame him at all, I would do the same if it was my kid.

I would expect nothing less, but I am after what the eyes of the law would say.

I'm not running around demanding engagement and wedding rings back, as they were given as gifts.

Thrugelmir

Ex Partners father was involved in a lot of work in doing up the property (but this was done as a gift to the pair of us) the property was also in the family in the past, so there is an emotional attachment there.

The work did increase the value of the property significantly but as said, it was a gift so I dont think this can be taken into account.

Sometimes one needs to look at matters through another persons perspective. That's no wrong or right. More a question of doing the right thing. You have directly benefited through the FIL's generosity. At least reimburse him for the cost of the work done. The uplift in value over and above this should be shared equally.