Dispute over House sale proceeds

Dispute over House sale proceeds

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Phud

Original Poster:

1,262 posts

142 months

Wednesday 15th October 2014
quotequote all
OK, long and boring.

Ex-partner and I bought a house, not married, TR1 signed as joint tenants and normal thing happened we split. Still not married, no kids so I thought nice and simple.

Sold the house and she has put funds in dispute as she disagrees with the division of funds. She is not agreeing to 50/50, yes it is this simple.

Question is, am I able to force the issue to resolution or is she able to sit there and do nothing waiting for hell to freeze over? Any time lines around this?

No hating needed, this is the question, sale occurred June and no movement since.

slinky

15,704 posts

248 months

Wednesday 15th October 2014
quotequote all
I can't help, but on what basis is she disputing the 50/50 split?

hornetrider

63,161 posts

204 months

Wednesday 15th October 2014
quotequote all
Was there a deposit involved, who paid the mortgage, is it paper trailed, etc

Phud

Original Poster:

1,262 posts

142 months

Wednesday 15th October 2014
quotequote all
In simple terms does not want to accept we were joint tenants and claims verbal contract.

Which is, well not true!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Phud

Original Poster:

1,262 posts

142 months

Wednesday 15th October 2014
quotequote all
everything is paper trailed, all 50/50.

but I walked out and think she's upset

B'stard Child

28,324 posts

245 months

Wednesday 15th October 2014
quotequote all
Phud said:
everything is paper trailed, all 50/50.

but I walked out and think she's upset
Oooops ^ that may well be the case

Have you tried asking her what she wants and why?

Phud

Original Poster:

1,262 posts

142 months

Wednesday 15th October 2014
quotequote all
talking, what do you think I am? modern?silly

Yes and reality does not come into it, hence I think it's either court or wait for hell to freeze over

anonymous-user

53 months

Wednesday 15th October 2014
quotequote all
You could ask the High Court to rule on the split, but before you go that far suggest a mediation with a professional mediator. Perhaps a sensible, non aggressive letter from a solicitor setting out the facts and inviting agreement would be a good idea.

B'stard Child

28,324 posts

245 months

Wednesday 15th October 2014
quotequote all
Phud said:
talking, what do you think I am? modern?silly
No idea wink

Phud said:
Yes and reality does not come into it, hence I think it's either court or wait for hell to freeze over
It will cost you both (assuming both in employment etc) Only winners will be the relevant legal people.

I'd still attempt to discuss it with her before she leaps down the legal route.

Unless she's got a case of the mental - in which case good luck and perhaps bump the thread when hell has frozen over

hornetrider

63,161 posts

204 months

Wednesday 15th October 2014
quotequote all
If the sale has gone through are the solicitors holding funds? Do they not just distribute according to the TR1?

Phud

Original Poster:

1,262 posts

142 months

Wednesday 15th October 2014
quotequote all
Damn, Breadvan and B'stard, think you both have the approach.

Now for a crayon to try and write a nice note saying stop this rubbish

PurpleMoonlight

22,362 posts

156 months

Wednesday 15th October 2014
quotequote all
Women, fking hell ....

rolleyes

B'stard Child

28,324 posts

245 months

Wednesday 15th October 2014
quotequote all
B'stard Child said:
Only winners will be the relevant legal people.
Forgot to add not wanting to take food away from BV72's table wink

anonymous-user

53 months

Wednesday 15th October 2014
quotequote all
Not my bag, thankfully. Too shouty.

Jasandjules

69,825 posts

228 months

Wednesday 15th October 2014
quotequote all
Phud said:
Ex-partner and I bought a house, not married, TR1 signed as joint tenants and normal thing happened we split. Still not married, no kids so I thought nice and simple.
What reason does she give for not splitting 50/50?

If nothing more than she really thinks you shouldn't get your money back, then I'd suggest writing to her and noting that you each put into the house and you share the benefits. I'd advise her that if you have to that you will ask a court to rule in the matter, but that will cost you both a lot of money ( I would not say you will seek your costs from her as that will simply inflame matters).

Therefore, you suggest that the easiest and cheapest approach for both parties is to agree to split the funds 50/50 and you can then go your separate ways and never have to see or speak to each other again, giving closure...

berlintaxi

8,535 posts

172 months

Thursday 16th October 2014
quotequote all
PurpleMoonlight said:
Women, fking hell ....

rolleyes
Yes, 'cause I'm sure we've got the full facts and men never act like tts do they?.rolleyes

PurpleMoonlight

22,362 posts

156 months

Thursday 16th October 2014
quotequote all
berlintaxi said:
Yes, 'cause I'm sure we've got the full facts and men never act like tts do they?.rolleyes
Quite possibly, but it does seem to me that it is engrained in the female mentality that when a relationship breaks down they are entitled to the significant majority of the joint assets.

John145

2,447 posts

155 months

Thursday 16th October 2014
quotequote all
PurpleMoonlight said:
berlintaxi said:
Yes, 'cause I'm sure we've got the full facts and men never act like tts do they?.rolleyes
Quite possibly, but it does seem to me that it is engrained in the female mentality that when a relationship breaks down they are entitled to the significant majority of the joint assets.
Studied lots of cases then? We have had literally no details on this particular incident.

My fiancée has sourced all the money for the deposit for our jointly owned house. I know for a fact if we split up I should not expect 50/50 as we signed up for because I haven't provided 50%.

Generally in these cases, men assume "I pay the bills therefore I own everything" which is amusing simplistic and dangerously naive.

PurpleMoonlight

22,362 posts

156 months

Thursday 16th October 2014
quotequote all
John145 said:
My fiancée has sourced all the money for the deposit for our jointly owned house. I know for a fact if we split up I should not expect 50/50 as we signed up for because I haven't provided 50%.
You are a man.

If the position were reversed I wonder if she would have the same opinion.

John145

2,447 posts

155 months

Thursday 16th October 2014
quotequote all
PurpleMoonlight said:
John145 said:
My fiancée has sourced all the money for the deposit for our jointly owned house. I know for a fact if we split up I should not expect 50/50 as we signed up for because I haven't provided 50%.
You are a man.

If the position were reversed I wonder if she would have the same opinion.
I don't think the gender is the root cause of whether our opinion would be the same.