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My ex partner and I had a declaration of trust over a

My ex partner and...

My ex partner and I had a declaration of trust over a property with a right for me to have 50% sale proceeds and rent, a preemptive right of first purchase, the right to go on the deeds as tenants in common and a restriction not to sell the property until 31.13.18. I instigated ached 1 proceedings asking court to transfer it to me to live in with our children until they grew up. I later found out that he had sold the property during proceedings without telling me and has kept all of the monies ( now dissipated and or concealed) . Do I have a right to claim either against his solicitors for conveying the property when they knew there was a trust deed ( they said I had a right to proceeds against him) and also the buyers solicitors as both failed to obtain my consent and permission and facilitated a sale which has now frustrated the schedule 1 case, my opportunity for a greater sale price at a later date and also ability to collect the monies

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Uk

Lawyer's Assistant: Has anything been filed or reported?

I'm in a second schedule 1 case with him but he has failed to attend the hearings, th judge has ruled the trust deed is valid. I haven't taken steps against his lawyers

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

What would be the best course of action for me to take?

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Answered in 2 hours by:
11/21/2017
JimLawyer
JimLawyer, Senior Associate & Consultant
Category: UK Law
Satisfied Customers: 628
Experience: Senior Associate Solicitor and Litigator
Verified

Hi, there, you have a legal remedy to be put back in the position you would have been in had the property not been sold and the proceeds gone to your ex partner. Your ex partner has breached the declaration and your recourse would be against him for recovery of what is owed to you. You say you have a case against him and the judge has ruled the trust is valid, so the next step would be to issue a county court claim form (Form N1) and serve that against him. I would also list both firms of lawyers as a second and third defendant on the N1 claim form so that the claim is against them as well. On the form there is a section for particulars of your claim. You need to complete that. The process can be done online if the claim is worth up to £200,000. If it's more than that, you need to print the form and post to your local county court with the court fee. The court will then seal the claim form and serve on the defendants who have a short period of time to admit or deny the claim. If admitted, the court will list a disposal hearing where the court will assess your damages. If denied, there will be court directions and the matter may end up in a contested trial. Given the likely value of this claim, I would recommend you engage lawyers either on a privately paid basis or a no win no fee arrangement. I hope this answers your query. Thanks, James

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Customer reply replied 8 months ago
Thank you. How do I list damages when I lost the opportunity to live somewhere for potentially 8 - 10 years or what damages should I consider adding? And in terms of adding the lawyers as defendants what is my claim against them for ? Thanks

Hi, the quantification of you claim is tricky. As I say, the quantification depends on the value which is placed on what you would have received in monetary terms had the breach not occurred. You are best speaking to a lawyer who can assess this and take a statement from you. It may need input from a barrister too as it's definitely not straight forward. A large firm dealing in these matters such as Irwin Mitchell or Slater & Gordon would be your best bet. The lawyers would be pursued in professional negligence as it appears to me that they should not have allowed the sale to go through. I would try Slater & Gordon in the first instance to speak to a commercial lawyer and ask whether they would take this on under a No Win No Fee arrangement. Their number is *****(###) ###-####(their flagship Manchester office)

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Customer reply replied 8 months ago
Thank you!

No problem, may I ask that you click "accept answer" if you're happy with my advice. Many thanks and best of luck with it.

JimLawyer
JimLawyer, Senior Associate & Consultant
Category: UK Law
Satisfied Customers: 628
Experience: Senior Associate Solicitor and Litigator
Verified
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