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Joint bill for selling house

3 replies

Mylifestartstoday · 11/02/2021 09:28

Hi
Sold a house in December. The marital home, so was a joint sale.

I’m in dispute with the estate agents currently, and have made a complaint and now have to wait 8 weeks to refer to the ombudsman.

Half of the bill was paid, with a request for a meeting to discuss the issues. They didn’t respond.

I’ve received a small claims court claim. Just me, not my husband.
Surely, as the house sale was joint names, then my husband also needs to be taken to the claims court?
The claim states that because the 50% came out of his bank account, then he doesn’t owe anything. Is this correct?

OP posts:
Ffsnosexallowed · 11/02/2021 10:26

I would imagine that as its a joint bill you'll be jointly and severally liable- so they can go after you or your husband or both of you

Mylifestartstoday · 11/02/2021 11:55

So they don’t have to go after my husband?

Although the 50% that was paid came out of his bank account, I then gave him the money. He paid because I could only withdraw so much per day.

On another note, the summons actually has the wrong house number on it (the postman must have noticed). Do I mention that when I defend it? It’s pure luck that I’ve actually received it as the house they’ve sent it to is empty. I don’t know why they’ve gotten the house number incorrect.

OP posts:
prh47bridge · 11/02/2021 14:21

No, they don't have to go after your husband if you are jointly and severally liable for the full amount. Even if you are not jointly and severally liable, the fact that you gave your husband the money is not their problem. From their perspective, your husband has paid his 50%.

You received the summons. The fact it was sent to an incorrect address will not affect the outcome of the case. However, you need to ensure that they use your correct address for future communications.

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