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Hi there
I hope you can help.
My ex has taken the sale of the house to court, claiming for full equity and to pay for all court costs should he win (which is very likely)
Long story short, I signed a Deed of Trust as full and final settlement back in 2011 (as I was moving to Australia) but I have since found out that the Power of Attorney has actually expired and wasnt ever valid. Knowing this I have told my ex that I wouldnt sign the papers unless I received what I see as my share of the equity.
(I didn't receive legal advice back in 2011 and I felt pressured into signing documents I didn't fully understand, as well as me still staying on the mortgage)
In Nov 2016, he offered me £4k as a final settlement to sign the transfer and contract, he also owed me for furniture left in the property, i since asked for 40% of equity (big difference) and without entering into a conversation he has taken it to court and i have just received the papers.
I emailed him yesterday saying that I would accept his original offer as Ive been advised this should / can be settled out of court (as the judge would think these types of issues can be) and sign the papers this week, but I am worried that he might not accept my offer, because of the costs already spent on solicitors . I also have a debt on the house of £8k which he would need to settle from the sale.
Do you have any advice as to what i should do if he does insist taking it to court? I really want to move on from this its caused a lot of heart ache as he only ever lived in the house for 3 months of the 4 years i was there, and feel that he snatched the house away from me without me thinking through what I was doing
anyway I am not sure how the judge would rule if it did have to go to court. I went to CAB and they said the judge would think he is greedy if he didn't try and settle out of court, but anyway its stressful and would cost money that i don't have.
Do you have any advice as to how i would put a case together if i had to? I am willing to sign the papers asap without anything to move on from this
thank you
I hope you can help.
My ex has taken the sale of the house to court, claiming for full equity and to pay for all court costs should he win (which is very likely)
Long story short, I signed a Deed of Trust as full and final settlement back in 2011 (as I was moving to Australia) but I have since found out that the Power of Attorney has actually expired and wasnt ever valid. Knowing this I have told my ex that I wouldnt sign the papers unless I received what I see as my share of the equity.
(I didn't receive legal advice back in 2011 and I felt pressured into signing documents I didn't fully understand, as well as me still staying on the mortgage)
In Nov 2016, he offered me £4k as a final settlement to sign the transfer and contract, he also owed me for furniture left in the property, i since asked for 40% of equity (big difference) and without entering into a conversation he has taken it to court and i have just received the papers.
I emailed him yesterday saying that I would accept his original offer as Ive been advised this should / can be settled out of court (as the judge would think these types of issues can be) and sign the papers this week, but I am worried that he might not accept my offer, because of the costs already spent on solicitors . I also have a debt on the house of £8k which he would need to settle from the sale.
Do you have any advice as to what i should do if he does insist taking it to court? I really want to move on from this its caused a lot of heart ache as he only ever lived in the house for 3 months of the 4 years i was there, and feel that he snatched the house away from me without me thinking through what I was doing
anyway I am not sure how the judge would rule if it did have to go to court. I went to CAB and they said the judge would think he is greedy if he didn't try and settle out of court, but anyway its stressful and would cost money that i don't have.
Do you have any advice as to how i would put a case together if i had to? I am willing to sign the papers asap without anything to move on from this
thank you
