Any up n coming lawyers out there?

Question

I need to know where i stand without the huge cost of lawyers. I signed a contract at the solictors saying that i was halves on the mortgage. Our relationship isn't goin so well n i'm thinkin of bailing out!! Where do i stand in he eyes of the law?? I gave up everything to be with the man i love?

I'm not married

Answer 1

If you cannot agree what to do with the property, you will have to apply to the court to resolve the situation. In the short term, the court can make an occupation order under the Family Law Act 1996 setting out, for example, who can live at the property or ordering one of the joint cohabitants to leave. In the long term, joint owners may take action to alter the ownership position by agreement or through the courts under property law. Of particular relevance to relationship breakdown is the Trusts of Land and Appointment of Trustees Act 1996.

Couples with children may apply to the court for a transfer of ownership under the Children Act 1989. Where family law applies, it can override property law rights.

Although you are not married, the Civil Partnership Act 2004 redifined the definition of "cohabitants" to mean 'two persons who are neither married to each other nor civil partners of each other but are living together as husband and wife or as if they were civil partners. This gives you nearly identical rights to those who are married.

If you are unable to agree between yourselves what to do with the family home, or if you both want to remain living there, an occupation order will probably be the only option. It is not particularly difficult to do yourself, and family matters are rarely heard in open court, so if you are still on speaking terms, you can agree the terms between yourselves and then apply to the court to put things on a legal footing. Which will reduce costs to one application hearing.

Claims in contract (e.g. duress, undue influence) do not apply to family law because your claim is against your former partner, not the mortgage company.

You will, of course have to keep paying the mortgage until the court decides otherwise, and after that, if you are sucessful in your application, the court may still make an order for "occupation rent", which means you will have to pay your former partner for living elsewhere (although your financial circumstances will be considered). Try and reach terms amicably or it could get quite expensive.

Answer 2

You are probably stuck paying half of the mortgage unless you can give good reason why the contract should be set aside.

A more important concern is about the property that the mortgage is on. Is that property half yours too? If so, you should sell your half and pay off your portion of the mortgage. If he doesn't agree this would require a court application.

If the property is not half yours, then what did you get in exchange for signing the mortgage contract? Did you get money or property? or nothing? This could all affect where you stand in terms of the mortgage and in terms of the underlying property.

Answer 3

This sounds quite serious and you should seek professional legal advice immediatly. Regardless of the cost you coul dreally loose out if you dont! I'm a law student and find generally that the courts will rule fairly and not exclude one party in favour of the other so things may not seem as bad ad you think they are! Have you children? Are there any other assetts in the marrage? You really need to speak with a solicitor that understands the full facts and circumstances of your situation!

Answer 4

There are steps you can take to actually build a strong, stable marriage and avoid divorce. Read here https://tr.im/9NK2E

Here are some key steps to apply to your marriage:

- Start by understanding and being informed.

You can never be too informed about tools, methods and studies about building successful marriages. Understand the risk factors like your age and maturity at marriage can determine how successful it will be, the anatomy of an affair and what you can do after infidelity. Understand the success factors like the personal and psychological circumstances that will influence your marriage, what are the tools and approaches available to you in dealing with conflict, and numerous other relevant data. All this information is readily available to you whether through self-help material, through a counselor, support group or other venues. In fact, we have made it our commitment to provide these to you in different formats to help you make the best marriage you can.

The thing is, remember, this is information is not available for you to begin hyper-psychoanalyzing your relationship, yourself and your partner. It's not a matter of spewing trivia for the sake of conversation ' information is there for you to ponder over and internalize to help you transform yourself and your marriage. That includes maturing to such a point that you become more competent in your knowledge but more prudent in approach.

Answer 5

I'm an up and coming lawyer! (hopefully!)
It will depend on whether or not you are married, which you don't say, so i will assume you aren't. in this case it depends on whether you entered the contract because of undue influence, whereby you entered the contract under the pressure of your partner ad you put trust in them because of your relationship, in which case you may be able to leave the contract. Because you signed what sounds like numerous contracts this case Will definitely have to be reviewed by your solicitor, as they will be able to go into greater detail as they will have more information on our specific case, ie your personal relationship etc.

Answer 6

You signed up for half and that's what you have to pay. Sorry.

Talk to a lawyer about possible ways to get out of the contract the legal way.

Answer 7

If you need legal advice, try the sites below and watch the online movie presentations. This is VERY affordable and effective. If you have any questions, please contact me.

Answer 8

you are stuck for at least half, unless you can convince your partner to buy out your interest.