Overview: Our client approached us, following a breakdown of his relationship with his former partner. The parties were not married; however, they jointly owned a property together in unequal shares.
Challenges: Our client was only added to the title deeds a year prior to the parties’ separation. During this time, our client did not contribute towards mortgage repayments, and made no financial contribution towards to the property, as this was solely owned by our client’s former partner before he was added to the title. Therefore, it was clear that this matter could easily become a contested case.
Our Approach:
- Initial Consultation and Case Assessment
- We conducted a thorough investigation of the paperwork provided, including a review of the conveyancing file and HM Land Registry documentation, to assess the current legal position. This confirmed that our client was legally entitled to a 30% share of the Net Sale Proceeds, in line with a Declaration of Trust which had been signed a year prior to the separation.
- We identified the potential legal issues and cost implications, if we needed to issue proceedings.
- Upon a detailed review of the case, it was identified that our client had no intention of issuing proceedings at Court, because he appreciated the cost implications of doing so, and did not want to cause any distress to his former partner.
- Negotiation and Settlement
- Following our initial consultation, we approached our client’s former partner, confirming the current legal position, and noting that our client wished to achieve an amicable settlement. We left the door open for negotiations between the parties.
- Through back-and-forth negotiations, we managed to achieve a settlement that resulted in our client receiving a lump sum to reflect his share in the property, without having to issue proceedings. Our client received this settlement sum within 6-weeks of initially providing us with instructions.
Outcome: Through cooperative and strategic negotiations, we were able to reach an amicable settlement out of Court. The agreement honoured the terms of the Declaration of Trust, granting our client his rightful share of the property.
Furthermore, avoiding prolonged and costly Court proceedings was beneficial for both parties, as this would have inevitably strained what currently was an amicable separation.
Conclusion: This case exemplifies our commitment to providing comprehensive legal services. We combined legal expertise with a focus on practical and amicable solutions, ensuring the best possible outcomes for our client.
Case Lead – Francesca Cann – Advanced Paralegal (MCILEx)
If you are facing a similar situation with a former partner, please do not hesitate to contact Francesca on 01638 560556, or via email to francesca.cann@edmondsonhall.com.
Please visit our website for more information – https://edmondsonhall.com/.
