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how long does its take throu the courts

  • robbie1965
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26 Mar 09 #102370 by robbie1965
Topic started by robbie1965
hi
can anyone please give advice on a problem regarding property split between two people having lived together for 20 years 3 children aged 21, 19, 14. Couple never married, separated 3 years ago. Three properties between them property 1 value £80,000 no mortgage woman and 3 children reside in. Property 2 value £90,000 man lives in alone mortgage of £23,000 property 3 value £75,000 mortgage £21,000 rented long term. What would the legal situation be regarding a fair division as this situation has been going between 2 solicitors acting for each person with no favorable outcome for either party? Next stage lady in question has threatened court proceedings. Would you please advise what sort of cost this would entail?

  • muchtoomuch
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30 Mar 09 #103146 by muchtoomuch
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I think your find no one can tell you that one every ones situation is different . My case has cost me £40000 not that i want to frighten you as mine is complicated . My advise to you would be to try to sort this out amicably if you can or go to mediation as it will be cheaper . otherwise all yr assets will be eaten up by solicitors nothing is straight forward . good luck !

  • Elle
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30 Mar 09 #103184 by Elle
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Hi Robbie,

Easier to answer how long is a piece of string!

There are examples of 6 months from beginning to end, mine is 9 years 2 months, 3 weeks and 2 days and ongoing.

If both parties will co-operate, the process can be moved along sharply...if one party is bloody minded, you can be in for a long haul.

Good luck

Elle x

  • Active8
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06 Apr 09 #105283 by Active8
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If you had been married, a divorce court can settle the matter on the basis of what is considered "fair". Because you are not married, the divorce law doesn't apply. Your case is probably a mixture of property law and "equity/trust", both of which are complicated.

Working out disputes between joint owners can be difficult anyway, when that has been within the context of living together, when you tend to be far less minded and motivated to keep records and prepare documents, it all gets that much harder. Different legal issues may arise (I have no way of knowing) in respect of each of the three properties, which would make it harder still.

This is a question for your solicitor. "I don't know" isn't an acceptable answer. They may have to give you various ifs and maybes, but they should be able to set out how, in their view, it ought to go forward: if not, they haven't thought it through enough themselves, and should do so.

Equally, your solicitor is under a professional duty to give you regular costs estimates, and update those estimates, and that necessarily involves them deciding for themselves how the case is going. If that hasn't happened, chase them. If they are really vague, are you happy that they are on top of your case?

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