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K.A.P
Posts: 19 Forumite
Some advice, my ex-partner and I split around 7 years ago. We had a joint mortgage, I put in £85,000 which I can prove as it was from my old property solely in my name but no declaration of trust.
We did however have it on the deeds that I own 67% he owns 33%, Property was bought for £250,000 now worth £270,000, I have provided 3 valuations, financials are £270,000 property valuation minus £165,000 interest only mortgage.
Share to him after costs of estate agents for sale and conveyancing are £33,333. I have offered him £30,000 this he did accept now is messing me around.
This is after saying he would take £25,000 then changing his mind and making it £33,000.
He basically wants a gagging order, I have said I will sign this but it is not legally binding on the condition that he does not contact me and allows my family to move on with our lives.
He has said he would rather keep his investment, can he force me to not by him out or sell?
There is a personal circumstance that makes this quite difficult everything has to be done via solicitor’s and he is scared as well that if I tell his governing body something he may lose his livelihood, and potentially his family name that he has built in the new area he lives as he has something on his criminal record that he has been convicted of against my family that has not been disclosed to them and that would not be liked by the people in his area.
All I want is to be able to move on with my life, can he either A) say he doesn’t want to cash in his investment? Or
Refuse to sign unless I sign something legal to say I won’t talk, this I cannot do in the eyes of the law as a civil matter cannot be brought into a transfer of equity.
We did however have it on the deeds that I own 67% he owns 33%, Property was bought for £250,000 now worth £270,000, I have provided 3 valuations, financials are £270,000 property valuation minus £165,000 interest only mortgage.
Share to him after costs of estate agents for sale and conveyancing are £33,333. I have offered him £30,000 this he did accept now is messing me around.
This is after saying he would take £25,000 then changing his mind and making it £33,000.
He basically wants a gagging order, I have said I will sign this but it is not legally binding on the condition that he does not contact me and allows my family to move on with our lives.
He has said he would rather keep his investment, can he force me to not by him out or sell?
There is a personal circumstance that makes this quite difficult everything has to be done via solicitor’s and he is scared as well that if I tell his governing body something he may lose his livelihood, and potentially his family name that he has built in the new area he lives as he has something on his criminal record that he has been convicted of against my family that has not been disclosed to them and that would not be liked by the people in his area.
All I want is to be able to move on with my life, can he either A) say he doesn’t want to cash in his investment? Or
Refuse to sign unless I sign something legal to say I won’t talk, this I cannot do in the eyes of the law as a civil matter cannot be brought into a transfer of equity. 0
Comments
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Some advice, my ex-partner and I split around 7 years ago. We had a joint mortgage, I put in £85,000 which I can prove as it was from my old property solely in my name but no declaration of trust.
We did however have it on the deeds that I own 67% he owns 33%, Property was bought for £250,000 now worth £270,000, I have provided 3 valuations, financials are £270,000 property valuation minus £165,000 interest only mortgage.
Share to him after costs of estate agents for sale and conveyancing are £33,333. I have offered him £30,000 this he did accept now is messing me around.
This is after saying he would take £25,000 then changing his mind and making it £33,000.
He basically wants a gagging order, I have said I will sign this but it is not legally binding on the condition that he does not contact me and allows my family to move on with our lives. - Gagging orders are very much legally binding. I'd suggest any negotiations on this are not confirmed until you have legal advice.
He has said he would rather keep his investment, can he force me to not by him out or sell? - Basically yes, for now. You can force a sale but it's expensive and takes a long time
There is a personal circumstance that makes this quite difficult everything has to be done via solicitor’s and he is scared as well that if I tell his governing body something he may lose his livelihood, and potentially his family name that he has built in the new area he lives as he has something on his criminal record that he has been convicted of against my family that has not been disclosed to them and that would not be liked by the people in his area. - That all sounds rather silly. But since you don't want to elaborate I wont comment further
All I want is to be able to move on with my life, can he either A) say he doesn’t want to cash in his investment? - yes Or Refuse to sign unless I sign something legal to say I won’t talk - yes , this I cannot do in the eyes of the law as a civil matter cannot be brought into a transfer of equity.
I'd suggest that not saying whatever about his conviction is very much dependant upon his job!
If he's a doctor for example, I would suggest you must tell the governing body. (infact pretty much any job that has a governing body, has it for a reason!)0 -
[FONT=Verdana, sans-serif]If there was no declaration of trust how has the 67% / 33% split been documented, you say it is on the deeds?[/FONT]
[FONT=Verdana, sans-serif]It looks like you put in all the deposit so 33% seems pretty generous anyway.[/FONT]0 -
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He has asked for the Gagging order to be part of the transfer of equity, as this is a civil matter it cannot form part of a legal matter as it is civil.
That is the part of the gagging that is not legal, it was tenants in common and he is legally entitled to £33,000.
Are gagging orders expensive? he has no solicitor and wants me to pay for it.0 -
He runs a licences premises, the licence is in his wives name. He has not had the necessary CRB checks i am guessing. If he has it is a crime that would cause you not to have him around your children and he is named on a list for 10 years0
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He has asked for the Gagging order to be part of the transfer of equity, as this is a civil matter it cannot form part of a legal matter as it is civil.
That is the part of the gagging that is not legal, it was tenants in common and he is legally entitled to £33,000.
Are gagging orders expensive? he has no solicitor and wants me to pay for it.
It's not 'part of the transfer' it's a condition of him signing the agreement.
Not necessarily, it would be about £3-500 for a basic order.
gagging orders are civil matters, as is transfer of equity - which is why I don't see what you mean0 -
He runs a licences premises, the licence is in his wives name. He has not had the necessary CRB checks i am guessing. If he has it is a crime that would cause you not to have him around your children and he is named on a list for 10 years
Right, I'm not sure about licenced premises, but I would suspect that being on such a list would not prevent him working for the business.0 -
He relies on trade from the public, the public would not want to have him in the area if they knew what he was0
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He relies on trade from the public, the public would not want to have him in the area if they knew what he was
So he wants something in writing to prevent you from blackmailing him by threatening to spill all. You had indeed better be sure your facts are correct.All shall be well, and all shall be well, and all manner of things shall be well.
Pedant alert - it's could have, not could of.0
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