You are reading a single comment by @Brommers and its replies. Click here to read the full conversation.
  • Morning all, just wanted a quick recommendation on solicitor or any opinions if possible... I bought my flat with my now ex gf, 2 years ago all 50:50 split. We have recently sadly separated (nothing bad from either party, but I was the one to do it) and will be wanting to sell on the flat. Nether of us keen to stay there in the long term now, I'm happy to stay until spring to hopefully have a slightly better time than now to sell. Of course given the market and the state of the general post Brexit economic situation, that in itself is debatable but it still seems the best plan right now.

    i am planning on staying there over winter and was willing to take on the responsibility of the mortgage until it is sold on spring, and then claim back the extra equity during that time at sale. It won't be large, I think the payments currrntly are around 50% interest and that will increase when the fixed period finished in December. My ex has given responsibility of sale to her dad as she doesn't feel she can cope with it currently, and he has emailed me explaining the options he can see for sale, which include the fact that he feels I should be responsible for the fees of sale ( estate agents / solicitors) as the causative party. I'm yet to respond as whilst I could easily list a multitude of reasons as to why this won't happen, and the fact that it is fully inappropriate for one party to begin to try to dictate what needs to be looked at as business transaction on emotive terms of fairness and debts, but I'm thinking perhaps it would be worth getting some legal advice before going onwards. He's a good guy, but a bit unpredictable. We've always got on well, and the initial emails exchanged are (currently at least) well intentioned and sympathetic to the situation.

    Obviously given the potential for relationships and proceedings to detoriste and complicate matters, I think a professional opinion would be wise. In fact since his request, I'm reconsidering whether it's sensible for me to even offer to cover the mortgage over winter as it would be diverging from the 50:50 agreement everything has been thus far. I guess my main concern would be if the flat failed to sell next spring either due to market issues or perhaps even his refusal to accept an offer, which could be more likely if I was covering the mortgage and there was no risk or cost to him of holding it longer.

    Has anyone been in a similar situation? Any ideas of how best to approach things? Is a normal conveyancing solicitor the correct person to approach for this, if there is someone particularly suitable (I know there are few mentioned here previously which I will search through) I would quite like to book an appointment to chat this through with them too, just to know where I stand exactly.

  • I bought my flat with my now ex gf, 2 years ago all 50:50 split.

    Is there an express (i.e. written) declaration of trust saying that you own it in equal shares? Might be important.

About

Avatar for Brommers @Brommers started