Chance of success of court order to force sale ?

griff450

Thrugelmir wrote: »

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.

But this is not what is being asked.

It is being requested that she takes the first 80K from the sale proceeds (covers the 50, the 20 "discount" under market valuation that received, and a spurious "loan" of 10k) for materials.

She then wants to split the remainder of proceeds equally, leaving me with around 23k, and she would take 103k.

If anything that 50K should be split equally, but she wants to "assume the debt" which essentially just gives her the money, the guy isnt going to sue his own daughter.

steampowered

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.

I agree. If the facts are as you have stated, I find it very difficult to see what legal basis the father could have for demanding payment for work done in the past.

He can't turn round and ask for payment just because the relationship broke up. I would have thought there would need to have been an understanding/agreement that he would get paid at the time the work was done.

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 ?

Imagine that you are the solicitor acting on the sale. Your clients are (1) you, and (2) your ex.

The sale completes and the money is received in your client account.

If you and your ex give the solicitor different instructions as to how the money should be split, the solicitor is placed in an impossible position. The solicitor is not in a position to mediate between you, as you are both the solicitor's client. The solicitor can't simply decide who is right and send money to them because then the solicitor gets sued.

In this situation the solicitor would typically retain the disputed sale proceeds in their client account until either:
1) A written agreement is reached between you and your ex as to how the funds would be split.
2) A court order is obtained dictating how the funds are to be split.

The reality is that no solicitor is going to act for you and your ex on the sale if there is a dispute about how the sale proceeds should be split. You will need to agree how the sale proceeds are to be split before a sale can realistically proceed.

Thrugelmir

griff450 wrote: »

But this is not what is being asked.

Then go and negotiate face to face. Take an independent third party with you to help mediate. If figures get quoted ask for substantion. Between the parties involved compromise needs to be reached. Being bloody minded may give satisfaction but ultimately the stress will make the money meaningless.

You won't find the answer on here. As seem to be digging in for warfare. One way or the other the matter needs to thrashed out.

FBaby

This is not about the law. This is about relationship and betrayal. We don't know the story and it doesn't matter, but clearly, this father feels that you've let his daughter down so he doesn't want you to come out of it gaining from his investment.

Ultimately, he is holding the emotional strings and there isn't much you can do about it. The message is clear. You don't get what you desperately want: the house, unless it cost you much. Or you can get the money, but not the house.

kaya

sounds like you need another solicitor

Marvel1

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.

Gift is a gift, it's tough luck.

griff450

Fairly resigned that I won't be getting the house. However I'm not taking a massive cut in sale proceeds for work done as a gift.

I'm interested in the legal position on if they could get what they are after.

I am assuming it would be incredibly expensive for them to pursue , and I'm more than willing to go to court as in their offer I'm left with practically nothing anyway!

steampowered

As you are living in the property, surely you are holding all the cards?

Your father would need to bring a claim to get paid for the work (it doesn't sound likely his claim would have much chance of success).

Your ex would need to bring a claim if she wants to force a sale to get her money out of the property.

Unless I'm missing something, you can just continue living in the property until a reasonable arrangement can be reached.

xylophone

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

You mention engagement and wedding rings - are you actually in process of divorce?

harz99

xylophone wrote: »

You mention engagement and wedding rings - are you actually in process of divorce?

Good spot, that would probably make a difference as to how things proceed, I'm guessing?