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Original poster

Any legal or solicitor type people, do you think this is fair?

34 replies

mrsmike · 19/10/2007 15:11

Several years ago I separated from my ex. Myself and 2 children remained in our jointly owned house. We had an agreement that after 5 years the house would get sold and I would give him his half of the money. The 5 years is now up, the house has been for sale for 6 months but not yet sold. Today I received a letter from his solicitor asking for me to agree to paying him interest (bank base rate what ever that is ...) on his share of the money that he would have got already, if the house had sold. Is this to be expected? Thanks for any advice

OP posts:
Original poster
mrsmike · 19/10/2007 20:48

Ruddynorah's scenario I mean

OP posts:
Original poster
mrsmike · 19/10/2007 20:50

Custy suppose he feels like I was meant to come up with the money at the end of the 5 years and it's not happened - the letter from his solicitor says I am in breach of the agreement because of this. He does have debts aswell.

OP posts:
Tortington · 19/10/2007 20:59

well boo fucking hoo (to him) - i'm sure you could do with some chuffing equity as well

and your not in breech of fuck all.

Original poster
mrsmike · 19/10/2007 21:26

But it looks like I am - I haven't come up with the cash. So could be boo fucking hoo for me too

OP posts:
Tortington · 19/10/2007 21:45

but you dont have to.

you dont get interest whilst its not sold do you?

why should he?

as long as your not showng people around saying " welllllll it's nice if you like druggie neighbours "

Original poster
mrsmike · 19/10/2007 21:52

I know but I am afraid ruddynorah might have hit the nail on the head - see below. Anyway am going to see solicitor to get it all explained properly.

OP posts:
Freckle · 19/10/2007 22:27

I presume that you have been paying the mortgage on the property since it was transferred to you, with no contribution from him? If this is the case, then I would say that he is entitled to 50% of the value of the property at the time the agreement was drawn up, not its value now. Why should he be entitled to benefit from any increase in value when he has not paid towards the costs?

If he is entitled to interest on his share, there should have been a clause in the agreement stating this.

Speak to a solicitor.

Original poster
mrsmike · 19/10/2007 22:48

There is no mortgage. After we separated I paid approx 20k to finish an extension we had started some years before. he has paid child maintenance (10% of his income for each child) over the years but no money specifically for upkeep of the house. Thanks for your thoughts and I have arranged to see a solicitor

OP posts:
Freckle · 20/10/2007 09:32

Well, if you have added to the value of the house since he left, you should be able to deduct that from the value of the house before dividing the proceeds.

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