Page 157 - Combined file Solheim
P. 157

MF- Imagine he paid £500k mortgage off property worth £1.5m, so he owns some of the property,

               one third.

                LS- He's never asked me to rent his share of house from me. And why hasn't he showed his will.

                MF- He does have a claim for £500k even if we say it isn't a TOLATA. Was no letter from when he
                moved in saying please contribute £x per month. No email saying you've been living here X years
               that's £x money.


               Going to say swore to the court it was a loan as didn't want Anthony to get it and felt should give it
               back. Thought safer to give back.

               I couldn't run this, it isn't straight TOLATA.


               What would be fair for him to have?

               LS- Maintenance and school fees he paid, £80k+. Really Anthony should pay that. I would be doing it
               for the sake of the children. I need my life back.


               MF-1 can see on a practical level...


               LS- Even if he walks away tomorrow, still be worse off. Can only minimise. I have heart condition,
               ME, think I've got Lymes. Next year I have no maintenance unless I can earn it. Just want him out of
               my life. Only so much I can do. I would have said Anthony continue maintenance until kids out of
               uni, if Sigs still together then then end life maintenance then. Would have been fair. Should have
               been reviewed when kids left school. Barrister kept saying we were as good as married but we
               weren't married.

               AC- Has to be a proposal which is attractive to him.


               MF- Very difficult to construct a Part 36 which makes any sense. Sounds like a part cash and part
               proceeds on sale. Could just propose round table and if they ask why say two lines with no
               explanation. Think worth working out detrimental reliance. If Abey needs something to sell this to
               Sig

               LS- Wonder if he'll stick it out until he's married. Then he'll realise that he isn't as home and dry as
               he thinks. If they don't agree then we press nuclear button.

               MF- Wait until after disclosure. Say lots of problems with disclosure, lots of holes, lots we need. To
               try and save costs we suggest meeting now. ** Have to think very best offer now, would be part
               cash (if possible) and on sale. Then we say this was a... Only note of caution on reporting him to
               Diamond is it could make the £500k more valuable to him.


               Say it was a gift but recognise he paid £85k of Anthony's obligations and wasn't is obligation to pay
               and so she will pay £85k owed by Anthony. It will cost us ESOkto trial, we'll give him that. There was
               £60k to buy two plots, add that on, he might walk away for all that. Only have to get him interested.





               1917237.1
               Bates Number Bates No157
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