hi, is it possible for me to stop a order for sale on my property from a long term ex girlfreind,i agreed to a charge on my property for 15k now she wants her money ,property is already up for sale and dont want to go to court for a order of sale ,she is also asking for the conduct of the sale i have owned prop for 18 yrs she left 14yrs ago and order was made 1yr ago. any help please
monkeytwo Fri 04/07/08 16:23
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Is she on the title deeds and been to court for an order for sale to force you to sell so she can get her money (or a clean break)?
I'm a bit confused as you said an order was made but you don't want to go and get one, can you confirm if an order has been made or not?
Or do you mean an order has been made but you want the court to change or stop it?
If the court made the order then if you couldn't defend it then has anything changed in the year?
I'm guessing that is unlikely given the timescales.
Could you buy her out?
Is the charge in her favour (ie money owed to her)?
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Question Author
thanks for response, she left the property in 1994 and i never heard from her until 2005 when i put property on the market , it was in joint names although i paid all outgoings for the whole term, she surfaced when i put property on market demanding half ,i took legal advice and it went on for two and a half years and 25k bill for legal costs to me , i settled on a 15k payment to her also ,i was given 90days to pay or a charge would be put on my property, she was signed out of the deeds to the property at this stage,however i failed to pay in time (could not raise funds ,credit crunch etc), she is now going for an order of sale to get the 15k from me ,i feel i have been robbed not only by her but the solicitor who was dealing with the case i now need advice to act for myself, kind regards
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..how did you managed to get the house in your own name
without parting with anymoney...?
if the house is now in your sole name and you pay the martage...... and you are not married to her, she may not beable to make you sell...
unless a judge past an order that you should have paid her the 15k in the first place to transfer the deeds over, now she has the right to continue with the next level....
without all the informnation we rreally cannot answer such a serious question
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Question Author
the court order was to pay her 15k within 90 days her name to be removed and for me to indemnify her from mortgage obligations ,if i do not pay a a charge will be put on property until sold , the charge was signed and enterd on the deeds, i have the order in front of me ,quote the defendent agrees to sell and claimant agrees to purchase (me) all the legal and beneficial interest of the defendent in the property,the defendent to execute a transfer transfering with full title guarantee all her legal and beneficial interest inthe propertyon or before 00 september 07 the claimant (me) shall immediately on execution of the transfer, charge the property with full title guarantee, by way of legal mortgage with payment of the sum (the charge) in accordance with terms agreed ( 90days).so you are correct in saying i should have parted with 15k on or within 90 days of her transfering her interest,however i put theproperty up for sale straight after 90 days and produced evidence so is it of any benefit for her to go to court for a sale order or will the judge say it is already on the market and awaiting a sale inline with previouse court agreement and can i stop it going to court or at least she bears her own costs if it does ,i dont see the point if i have already followed the agreement as far as failing to pay any comments would be gratefull .
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So you couldn't pay initially so the property was transferred into her name and a charge was put on in her favour so she gets the money when the property is sold.
Check the details of the charge (in addition to the order), it may have a provision to force a sale in certain circumstances (eg if she is not paid back by a certain time).
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