Legal Question in Real Estate Law in California
Dear Sir,
A few properties including a 2 bedroom flat was transferred into my name in January 2009, following a divorce settlement. This flat is on a long term lease of 125 years (From wrekin housing trust) Last week I received a letter from the Wrekin housing trust asking for a GBP 1000.00 arrear that was owed to them by the Previous owner for Major works carried out on the property back in 2007. Am I liable to pay these arrears? When the lease of the property was transferred into my name, there was no such charge mentioned in the property registeration papers. Any help would be highly appreciated. Thanks.
3 Answers from Attorneys
From what you have posted, the properties appear to be located in the UK. As such, you need to discuss these questions with a barrister in the UK. While I understand that the properties may have been transferred as a result of a California divorce (I am assuming that is why you have posted on this forum), the issue of who is liable for the loan on the property is a question of UK law, given that the loans were made there, and the properties are located there. If my assumption is incorrect, then please repost with specifics about where the properties are located, where the lender is located, and most importantly, who took out the loans in the first place.
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Mr. Gibbs is quite right. I also assume from your phrasing the property is in the UK.
One thing you need to find out, and you can do so by yourself, is whether the debts run with/attach to the property or the occupant of the property. Also, is the owner of the underlying title liable. Does the UK allow leases of 125 years? Did you use any company that is similar to what is called in the US a title insurance company, as if they miss a lien they are supposed to cover your loss from having to pay it [but the lien would have to have been recorded and they will probably try to get out of liability by arguing you should have known or the the person who was there in 2007 should have told you]. If the divorce settlement was intended to split the assets up evenly, then if you have to pay the money your ex-husband should pay half of it to keep the equal status.
If the flat is in London or nearby and you need something done by someone close to it, my son is in London working for Apple and might be available for hire at a reasonable price.
Most Wrekin Housing Trust properties are in the English Midlands area. My guess as to English law, and it's only a guess, is that you validly owe the 1000 pounds but that if it were not disclosed as a liability of the former owner in a California divorce, you may have a California claim based on a faulty disclosure. Ask your divorce lawyer if you might be entitled to recoup this, or half of it, from your "ex."