Letter Of Intent

[Tricky16v]

I split with my partner two years ago , we have two children 16/20 now .
We own two properties , one was a rental the other the family home which I stayed in , we split the houses took each other's names off the mortgages and title deeds and I got a lump sum o 20 thou with my ex's agreement at the time.
Two years on I have decided to sell my house to her dismay and she now is sending me a letter of intent to recoup this monetary gain.
Can she stop me selling my house ?

[Peter Pedant]

she got a house and you got a house and £20k

and you had two kids - did you have a document drawn up setting out the split? This would be usual if children are involved

and it depends on what the agreement said

actually you seem to have done a clean split
and so I would have thought the answer is no

unless you agreed to do so previously

Obviously you need to wait the letter of intent before seeing a lawyer ....

[Tricky16v]

No agreement was drawn up, we agreed between us as things were realy amicable at the time , the ex has become really bitter over the last year since I have moved on and not pampered to her wants.

[EDDIE51]

Surely if you alone are on the title deeds it is your house to sell or not as you see fit. Not sure if it makes a difference but were you married or just partners? if married have you divorced?

[Peter Pedant]

she's employed a lawyer to allege she will have equitable rights on the increase in value

and the big question is;.... does she ?

I still think not.

[Tricky16v]

No never married.
What worries me she has seen a solicitor and is proceeding so think there must be a case to answer somehow. Unless she is getting bad advice .

[Peter Pedant]

No tricky the law doesnt work like that
It is ... more tricky

// Can she stop me selling my house ? //
sorry I should always read the q
no unless you have previously said you wouldnt

Bar Maid where are you ?

The q can she grab some of the (further) profit ?

Honestly I think everyone reviewing this will say that you have made a clean break - the decider surprisingly [I think} is that you got £20k
so there must at that time been a calculation to equalise things
and that would have been the obvious intention of the parties

so coming back for more is coming it.

[EDDIE51]

As you never married it is just as if two people who had no connection apart from once living together and owning a house each decide to sell. If you had been married there could have been a requirement to provide a spouse with a place to live if they had nowhere of their own. But that can not happen in your case. Despite a common belief in the concept of a 'common law' wife or husband such a thing does not exist legally.
I am sure she has no chance at all , a solicitor will write any letter you tell him/her to as long as it does not break any laws. The fact that a solicitor is sending a letter does not in it's self mean anything other than that the solicitor has been paid to write it.

[Barmaid]

This is a tricky and evolving area (see for example Stack v Dowden and Kernott v Jones). Personally, I would see a solicitor asap.

She is no longer on the title but she could issue a restriction with the Land Registry.

My personal view is that it appears (from what you have said) she is unlikely to be successful, but you will probably need expert legal advice to kick this into touch quickly.

[Peter Pedant]

Thx BM
two cases for me to read and be delectated by
thx again

[Barmaid]

@ PP If you go here

http://www.bailii.org/

You should be able to pick them up.

Although personally, I'd go and read the phone book instead..........

[Canary42]

/// I'd go and read the phone book instead.///

I've tried that - too many characters and you never find out whodunnit in the end anyway.

[Sorry Tricky16v]

[bednobs]

i wonder who looed after the 14 year old? Who maintained them?

[Peter Pedant]

// i wonder who looed after the 14 year old?//
blimey I would expect them to be potty trained by then
sorry sorry

read Stack v Dowden

I still think you can make an argument that the equalising up episode was when the OP got £20k balancing payment and that therefore the equitable rights have been satisfied.

[Tricky16v]

We'll heard today she is going ahead with proceedings.
She seems to think she can get 60 thou somehow really don't know what's going on
14 year old got well looked after and has finished her exams . Done really well considering what was happening in her life.

[Peter Pedant]

dear dear
you have wait for the letter and then see a lawyer
( £ 200 / h ) piddy

[Tricky16v]

Thanks for your post peter. Your right no point fretting just wait for the letter.
And thanks for all the answers received