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I believe I have a claim under TLATA. My ex has put her

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HiI believe I have a...
HiI believe I have a claim under TLATA. My ex has put her house up for sale, we had an agreement as I paid towards the mortgage for 3 years (£21,000) whilst together, that we would split the interest should the house ever sell.My name was also supposed to go on to the mortgage when the mortgage term time came up, however we broke up for it did. Yesterday the house displayed a sold sign on it! What is the quickest way forward to confidently put a restriction on the land stopping any sale whilst I try to negotiate at first?I have all official bank statements showing my payment contributions in to the joint account we had at the time. The intention was that we owned the house together, we applied together for a mortgage with the Halifax bank just months earlier before she took out the mortgage, unfortunately at the time my credit history meant the joint application was declined, hence why she took up the mortgage with her father on it being the guarantor however he has never been involved financially in it. I tried to get from Halifax the mortgage declining letter at the time however they only keep records for 7 years apparently, I don't think my ex will deny this fact though.Please I need your assistance, my ex is planning on moving 3.5 hours away, so I may not see our daughter much, and I know judges have little power to stop people moving. I am hoping to make her an offer in that if she moves only up to 1 hour away I will not make a claim under TLATA, as it is not the money specifically I am interested in, however should it come to it, it would make her moving house impossible.House sale £360,000 initially purchased at £215,000Is 33% of claim in interest reasonable? Or 50% of interest claimed reasonable, considering the mortgage is also in my ex's father's name.I have a copy of the house proprietor register title already, title number, registered date etc.I don't have much money so I need to be able to for now enable a restriction followed by a part 36 offer (without prejudice) that will be strong enough to stop the sale process. My ex is aware as her solicitor advised her that I have a claim so a strong part 36 offer may stall the process if I am quick.If the house sells, am I still allowed to claim afterwards suing my ex for required amount/s? If she transfers the sales proceeds to her father to avoid the suit, can I sue him either way and if he does not have the monies, can I sue against his own mortgage?RegardsJames
Submitted: 4 months ago.Category: UK Law
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3/15/2018
Solicitor: JimLawyer, Senior Associate & Consultant replied 4 months ago
JimLawyer
JimLawyer, Senior Associate & Consultant
Category: UK Law
Satisfied Customers: 608
Experience: Senior Associate Solicitor and Litigator
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Hi, thanks for the question. I will come back to you shortly with my answer.
Best wishes,
J
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Solicitor: JimLawyer, Senior Associate & Consultant replied 4 months ago
Hi, it seems that you have an equitable interest in the property.A person holding an equitable interest would not have his or her name reflected on the title and the presence of such an interest often has to be decided by a court applying certain tests. Unlike a legal title holder, a person with an equitable interest in land does not have the right to sell, will or transfer that property as a gift.The equitable interest owner does not have a right “binding against the world”. What he has is a right which binds a particular individual.In the event that that individual intends to deal or deals with the property to the detriment of the interest held by the equitable holder, he can bring a legal claim against that person.Where property is sold, however, to a third party with no knowledge of the interest of the equitable owner, he will have no claim against that third party.Your best bet is to threaten court action to recover what yo u have paid and this is assuming you can evidence the sums payable. Were you married to your ex?
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Customer reply replied 4 months ago
Hi JimWe were never married, after one year together, we had a daughter and decided that I would move in to what was her previous apartment, for three years I paid £750 in to the joint bank account when the mortgage was only £525, we used out own bank accounts for cost of living. It is because she was pregnant that we decided to move forward this way, otherwise it would have taken a lot longer for me to move in with her.All I have is the joint account bank statements.I am so scared right now, oh boy.
Customer reply replied 4 months ago
If I negotiate for what I paid in to the mortgage I don't believe it will stop her from moving house, and I will still not see my daughter much once she moves up North, hence why I was hoping that claims between £72k and £118k are seen as viable.
I can even drop to £50k which should do the trick, but how can I put a stop on the sales process?You mentioned a third party with no knowledge of the interest of the equitable owner, he will have no claim against that third party. However if I wrote to the sales agent and advised of my equitable interest might that be seen as now having knowledge?
Solicitor: JimLawyer, Senior Associate & Consultant replied 4 months ago
Hi again, to me it sounds like you have a benefits trust.Any claim for a beneficial interest in a property, whether by a resulting or a constructive trust needs to be made under the Trust of Lands and Appointment of Trustees Act 1996 (TLATA).My advice is put high your ex and the sales agents that you intend to apply to the court to a) establish the beneficial interest and b) to halt the sale.You need to instruct a firm of solicitors to do this and do that ASAP. You can usually obtain a free consultation in any event - Slater & Gordon regularly deals with TLATA claims and I would recommend you call them (0161(###) ###-####- head office).I hope the above helps and wish you well.Kind regards,J
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Solicitor: JimLawyer, Senior Associate & Consultant replied 4 months ago
If you could also rate my answer, many thanks
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Solicitor: Clare, Solicitor replied 4 months ago
Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 35,272
Experience: family solictor with 25 years experience
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This is in addition to and not instead of the above.

In fact you can apply for an order preventing her from moving your daughter so far away - either permanently or at least until proper arrangements have been made for your ongoing contact.

This is called a Prohibited Steps Order and is applied for using a form C100

In fact you cannot stop the sale - the Order you can apply for is in respect of the proceeds of sale

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Solicitor: JimLawyer, Senior Associate & Consultant replied 4 months ago

Hi, can I assist you further, aside from what I have said above.

If not, could you please accept and rate my answer.

Many thanks,

J

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