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

Customer Question
Second opinion] My ex...

Second opinion] 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?

Submitted: 5 months ago.Category: UK Law
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Answered in 1 hour by:
11/21/2017
Solicitor: Clare, Solicitor replied 5 months ago
Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 35,054
Experience: family solictor with 25 years experience
Verified

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

For clarity - was the Declaration registered at the Land Registry?

Who did he sell it to?

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Customer reply replied 5 months ago
Thank you
No it wasn't registered.
What was registered was restrictions prohibiting disposition without notifying me which were placed before the deed was made the year before the land registry accepted there may have been a constructive or resulting trust and so allowed them. The restrictions are still on the title as the land registry decided on appeal that I wasn't given notice.I am ordering the transfer to see whether his solicitors added another trustee to overreach the declaration of trust.
Customer reply replied 5 months ago
He sold it to 2 buyers I don't think they were connected to him.
Solicitor: Clare, Solicitor replied 5 months ago

How did they get around the Restriction - I assume no notice was given?

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Customer reply replied 5 months ago
They didn't get around the notification requirements of the restriction the land registry have left the restrictions on! But they have still allowed the transfer to happen.
Solicitor: Clare, Solicitor replied 5 months ago

In that case you do indeed have a claim against the two solicitors involved.

Had you received Notice then you would have been able to secure the funds - that is the point of the restriction

Your claims for more than that are less strong against them - but they are certainly clear and strong with respect to the sale proceeds.

I hope that this is of assistance - please ask if you need further details

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Clare
Clare, Solicitor
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