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can my ex force me to sell my property....

2

Comments

  • bigpoops
    bigpoops Posts: 10 Forumite
    Thanks for that. He's been reported many times for the harrassment, but they never pin anything on him. As he gets away with most things, he is trying his luck with this now.
  • bigpoops
    bigpoops Posts: 10 Forumite
    Also I always referred to it as MY house. As it is........
  • Old_Git
    Old_Git Posts: 4,751 Forumite
    Part of the Furniture 1,000 Posts Mortgage-free Glee! Cashback Cashier
    send him a bill for 3 years rent arrears plus interest
    "Do not regret growing older, it's a privilege denied to many"
  • sharpy2010
    sharpy2010 Posts: 2,471 Forumite
    Ah, she'll be fine anyway, its always the man that gets shafted, not the woman!
  • Sponge
    Sponge Posts: 834 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Not true in the slightest. My sister has recently split from her husband (some similarities to the OP) and was royally shafted: He was the one that was unfaithful, harrassed her & the kids to the point where she was the one that left and ultimately lost the house and now lives with my parents. She got bad advice from the very start and is now all the worse for it.

    Listen to what 'Senior Paper Monitor' has said: Make sure you get a good and aggressive Solicitor and take the gloves off!
  • sharpy2010 wrote: »
    Ah, she'll be fine anyway, its always the man that gets shafted, not the woman!

    Are you kidding? Have you actually read the original post? This chancer is taking the absolute P*** and doesn't deserve a flamin' penny!!
    DMP Mutual Support Thread member 244
    Quit smoking 13/05/2013
    Joined Slimming World 02/12/13. Loss so far = 60lb in 28 weeks :j 18lb to go :o
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Sponge wrote: »
    Make sure you get a good and aggressive Solicitor and take the gloves off!

    Whatever the issues surrounding the divorce and to avoid expensive court proceedings. Ultimately both parties need to come to a mutually agreeable settlement. So a mediated solution is far better, and cheaper.
  • Nic2011
    Nic2011 Posts: 10 Forumite
    sharpy2010 wrote: »
    Ah, she'll be fine anyway, its always the man that gets shafted, not the woman!

    bitter are we - for your information men aren't that hard done by, women get shafted to, or abused or harrassed just as much as men do!!
  • Nic2011
    Nic2011 Posts: 10 Forumite
    Thrugelmir wrote: »
    Whatever the issues surrounding the divorce and to avoid expensive court proceedings. Ultimately both parties need to come to a mutually agreeable settlement. So a mediated solution is far better, and cheaper.

    Note - partner the op didn't mention husband - no rights and works both ways - its a civil issue and would go through a civil court if it ever did (unlikely) and would got ££££'s!!!!
  • C_Mababejive
    C_Mababejive Posts: 11,668 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 27 June 2011 at 7:29AM
    Hi..

    You need to do some bed time reading..in particular.. The Trusts Of Land And Appointment Of Trustees Act 1996 commonly referred to as TOLATA.

    There are three things to consider..

    1)Who is the registered proprietor of the property
    2) Who has or may have a beneficial interest
    3)Whos paying the mortgage


    Clearly you are in there at no 1

    Number two is the tricky bit. What he is trying to do is establish a beneficial interest.

    What do you mean by.."added his wage to mine ?"

    From the limited info you have provided then i would relax a little. If he has a claim then let him bring it and let him pay the costs of bringing it.

    Did he ever directly contribute toward the payment of the mortgage i.e in a documented way..for eg money was direct debited from his bank account into your mortgage account?

    Oops..i just read further..."but for 26 months we had our wages paid into one account. All outgoings including the mortgage came from this account."

    That will be one of the issues...

    Nevertheless..if he has lots of money to waste on litigation then let him spend it to bring his claim if he feels he has one. Maybe the expense of such a claim would outweigh any benefits which might flow from it?


    Litigation under TOLATA is a notorious grey area. Solicitors love it as they can make lots of money from it. There is case law for you to read on the subject. At present it all seems like sabre rattling. The time to act is when papers flop on the mat.

    How come he now has so much money to litigate anyway?

    My guess is that his sol will make a pitch to settle by making a part 36 offer to settle under the CPR i.e try and grab some money and run with it for fear that any action under TOLATA would be unsuccessful.


    PS

    A particularly interesting and oft quoted case under TOLATA is Stack V Dowden..

    You might like to read about it... There is a useful laymans appraisal here.. in pdf

    http://www.no5.com/resource-centre/family
    Feudal Britain needs land reform. 70% of the land is "owned" by 1 % of the population and at least 50% is unregistered (inherited by landed gentry). Thats why your slave box costs so much..
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