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Hi all
im new to this site and thought id give it ago.
my story is long but shall shorten lol
i left my 14 year partner august last year due to me finding out that she was seeing someone else, went and stayed with the parents!! havent done that since 18 now 35 nice!! lol, anyways quite a lot changed very quickly she changed the locks within a week or two said she didnt know why she did it and would give me a new key, which never happened from me collecting my things and and not giving me entry till it suited her, tried to stop me seeing my children until i accepted a pay off offer from the house as she only wanted to give me 10k when i did all the work in doing it up as im a painter decorator / property maintenance guy, the not seeing my children stopped when i spoke to her dad and said i would always have access as im the father and good dad, and what was she playing at.
a mediation later landed on my door which i went to she wanted money for the children which i agree i should pay but wanted to get a flat and buy things so i could start again first, so the kids could come and stay that was my main priority. i said to save arguments and solicitors ect i would like 12.5k she said would see, and that was that.
then the solicitors letters started!! i couldn't afford one but still earn't slightly to much to have a free one. november i got my flat happy days!! then CSA started great paying that to getting on with that one to be fair.
solicitor was fighting for 10k and tried to back date CSA payments from when i left at end of august but as she didnt apply till nov i assume that got thrown out, long story back and forth in the end we agreed on 12.5k with no incurred costs to myself in feb, now may the house went on the market at beginning of may without my knowledge not that bothered as need the money to start again, but it then went under offer all of this i found out on right move nice thanks!! so i went to jacob steel and told them who i was and did they know i was on the mortgage they said no she was selling it as a single occupant!!! nice!! so showed them mortgage statement and ID and gave me the info i needed.
the bit that perplexes me is that the solicitors that are fighting in her corner are also selling the house but within a different department is this legal?? as i dont feel that i am being treated the same and where and at which juncture dose the 12.5k get written into a contract and no incurred cost as had info turn up from the solicitors today wanting £100 pound up front which comes off the bill at the end, also it says
quote
my name is .............and im a chartered legal executive. i shall carry out the work relating to your sale. ...........,who heads the residential conveyancing department, will be the supervising partner for your matter.
end quote
is this all normal iv come this far and fort this all myself and dont want to slip up now. please help
chris
Hi Chris
Not quite sure I understand fully, but basically, has she offered to pay 10k? If so, then personally, I would accept this - otherwise you could find yourself in a battle with solicitors involved, and you could end up coming out with much less than 10k after you've paid solicitors fees - I made exactly that decision when I divorced my ex, and as well as keeping my divorce costs down (to a 'mere' 8k for the divorce), it saved a fair bit of stress.
If the mortgage is in joint names, then it should need both of you to sign the contracts for sale - I'm curious as to how they've got around this. I don't see an issue with the same solicitor but different departments dealing with the separation and the house sale shouldn't be a problem since they shouldn't disclose anything which causes a conflict, and I can't see that there should be any issues anyway.
But as I said at the top, if you have come to a settlement of 10k, then don't worry about the details, just get the money and get out of the situation, and start afresh. The important thing is contact with your children.
Hi thanks for the reply we settled at 12.5 with no incurred costs which I'm happy about sorry for the confusion. The only problem is the solicitor that is selling the house us asking for £100 up front ect as they always do but we agreed with her solicitor as I said before no incurred costs to myself and she would deal with it. Iam seeing my children which is the main thing. Also do you know at which point the money's discussed gets written into a contract so it doesn't all go to her. Just want this all finished with now hate it such a shame it had to be like this
Hi Chris
AS Actd has answered your financial side, I am just going to answer on the legal side and I assume that as you called her partner you were not married.
As you are on the mortgage, the house will be in joint names and you should sign all the documents that goes with selling the house, including Property Information Form, Fixtures Fittings form and the contract. It is quite usual for the resident occupier's solicitors to deal with the sale. What you have received is a standard client care letter which as to be sent out to all clients. If you agreed that you are not responsible for the legal fees, you have just received a duplicate copy of your ex' client care letter.
The finances side of things should be written into a document prepared by the Mediators, which you should have received or will receive soon. It does not get written into the contract for the sale of the house.
Has her divorce solicitor or the conveyancing solicitor referred in correspondence to the sum of money that has been agreed between you at Mediation? If not, I would suggest that you write to them to confirm that they will forward that sum to you when completion of the sale of the property has taken place.
If you were married, the finances side of things would be dealt with by the Court as part of the divorce proceedings but should be dealt with by way of a Consent Order which finalises everything between you both and she cannot come after you for further money,i.e. if you win the lottery!
Thank you for your help this has helped me understand a lot more I shall keep you posted thanks again guys for the advise
Chris
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