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ex p not being fair with sale of the flat

44 replies

aprilgirl · 11/11/2005 10:13

i'll keep it short but whats happened is me and exp split up in april, i moved back with my mam and dad on the conditions that the flat would go up for sale and when it was sold i'd get back what i put in!
basically he wouldnt let me on the morgage, i was just paying him my share of morgage ect ( yeah i know now i was stupid) i was under the impression that he was paying coucil tax for me ect! now the flat has sold and i have text him asking if we can sort something out regarding money and he's told me im getting nothing!
can i do anything about this, i paid for the whole flat to be decorated and added the money he's made and i feel like i have been well and truely stung, have i left things too late i dont know where i stand? anyone out there help me? thanks in advance x

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aloha · 11/11/2005 14:15

Meerkats, did you read my cut and paste? The law does allow you to get your money back!

expatinscotland · 11/11/2005 14:20

I'm sure it does, w/the right representation. Thing is, the ex can also hire representation to defend what he feels are his own rights.

At any rate, a solicitor is what's needed here, and hopefully one who can see and tell aprilgirl what her chances are w/reasonable estimation.

Here's hoping for ya, aprilgirl, but if you do decide to move in with your present partner PLEASE seek advise BEFORE moving in.

piffle · 11/11/2005 14:24

I lived with my dp and our dd and my ds in HIS flat
I paid for all the renovations to get it fit for good priced sale, this was legally noted and witnessed.
When he sold the flat the lawyer had to get ME and on behalf of ds and dd that we agreed to the sale of the flat and to declare any other party who may have an interest in the property.
Obv as we were happy and so forth it was straightforward.
I do know that in your position unless you get a lawyer pronto you have no rights.
Get onto it now, this will teach him he cannot shit on you, also you had a verbal agreement, might be worth trying small claims, but no guarantee at all of success, but fight, whether you get it back is only half the point.

fridaymiss · 11/11/2005 14:26

sorry to say but I don't think you have any rights to anything. I had a conversation recently with someone who knows all about these things and, if you're not married, even if you're paying towards the bills etc, it doesn't automatically entitle you to anything. It all comes down to what he thinks is fair and if he's a tight git, that may mean jack, sorry.

aprilgirl · 11/11/2005 16:56

hi quick update, i emailed him cutting and pasting some of the terms you lot have used, made it sound quite legal.... and guess what he's decided to pay up..... just under what i'd hoped for but hey i really didnt think i'd get anything!!!! says there will be a cheque at my house monday morning!!! so fingers crossed!!

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aprilgirl · 11/11/2005 16:57

also threatened to tell his mam what he was really like..... dunno what frightened him most telling his mam or seeking legal action?

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Kaz33 · 11/11/2005 17:14

fridaymiss - sorry that is rubbish

If you have a dispute, anything in writing that could affect his sale of the flat then he must disclose it to his vendor.

No doubt he is going to try and rush the sale through and fend you off. Do not fall for it, get a solicitor NOW. Seriously, you can see this one coming - until you have the cash in your hand do not believe him. You need legal representation NOW.

aloha · 11/11/2005 18:05

Well, wait for the cheque and if it's not there, in your hand on monday, get a solicitor and get him/her to write a letter to the estate agent saying you intend to take this matter to court if you do not get your money. Really, don't let him fob you off. Please let us know what happens.

fridaymiss · 11/11/2005 18:09

well cheers for that kaz33. Who are you? What do you know, are you a legal person or something? I'm only saying what i've been told by a reliable source, no need to be quite so rude is there?

motherinferior · 11/11/2005 18:23

I think you'll find Kaz is a lawyer, actually. And as such is entitled to be a 'reliable source'.

Kaz33 · 11/11/2005 18:30

sorry fridaymiss if you thought i was rude. Yes you have no rights if you a common law partner but the law may give you rights if you have a financial interest.

I was just trying to make sure aprilgirl took legal advice before it was too late

fridaymiss · 11/11/2005 18:56

apology accepted, thanks. I think she should seek legal advice, of course she should, if he doesn't pay up. I did say that she's not automatically entitled just because they happened to live together but that doesn't mean she can't try. I've sought advice over this myself, perhaps I should enquire further. Sorry for my abrupt response too.

Kaz33 · 14/11/2005 20:10

Did you get your cheque?

aprilgirl · 15/11/2005 14:50

hi ... yeah i got the cheque for the amount i require, just waiting for it to clear in the bank, just fingers crossed he doesnt stop it...
story goes as follows....
pretended that id seeked legall advice and he basically shit him self so decided to pay little bit less than id asked for but enough that im happy with, so last night he came round to my mams armed with his siste ( who has always had the ability to belittle and bully me ) he never said a word hardly his sister was his mouth which made me realise how pathetic he really is. anyway she had written up a letter fr him stating i would take no more from this relationship and that i am entitled to no more money!! she expected me to sign it there and then, i didnt sign it and will not being signing it untioll that cheque has cleared in my account! there was hell on at the door she was shouting and balling at me like a idiot, so i politly told her that i was not signing the paper until it was in my bank and that she could keep the cheque and that i would do this the way my solicitor had adviced ( my non existant solicitor by the way ) and i would take him for all i could get, i shut the door and a coulpe of mins later there she was giving me the cheque suddenly a chjange of heart and they wanted tio do it my way... i bet they bloody did!!!! anyway cheque is in the bank so now hoping he doesnt cancel it!!! felt great getting one over on his sister shes bullied my with her ideas of how i should be doing things for 4 years and last night i told her, felt good!! sorry that was long was good to get off my chest

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aloha · 15/11/2005 15:04

Hooray! Crossed fingers here too!

aprilgirl · 15/11/2005 15:07

thanks, i would have poo'd my pants if theyd not come back with the cheque, honestly he was so pathetic hiding behing his sister, his sister even had the cheek to say no come on we need to trust ech other here... i come back with "trust... trust he doesnt even know the meaning of the word, he wasnt thinking about trust when i left me for the estate agent did he" she didnt know that his new girlfriend was the same on he'd left me for theyd kept that very quiet from everyone!! girl power

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aprilgirl · 15/11/2005 16:44

oh and his new girlfriend was hiding in the car..... pathetic creatures

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Kaz33 · 15/11/2005 20:32

Brilliant job Aprilgirl and well bluffed. Fingers crossed, can your bank rush the payment through for a small fee?

aprilgirl · 21/11/2005 12:47

hey moneys in my bank... get in!!!! went shopping saturday, hit london bought some nice bits and peices...including a little tiffanys number!!!!!!!!!!!!!!!!!!

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