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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34128
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Im a Muslim 51 year old male living with my legal wife and

Customer Question

I'm a Muslim 51 year old male living with my legal wife and two boys.

I also have a second Islamic wife ( done nikah but no court marriage) I have two boys with her. Our relationship has broken down after she had two affairs and had an affair with a known heroin dealer .

The house she lives in belongs to my Panamanian Company. The Company has a Panamanian national who is a director. The shares in the company are owned by a Panamanian Foundation and the ultimate beneficiaries are persons of other nationals.

I issued a tenancy to my self for the property she lives in and she was a licensee.

I issued proceedings against her on Section 21

She come to court and claimed that she wants to become a second defendant.

She is on legal aid.

She is claiming that:

- The property was bought for her the the boys to live in and I would put the property in trust for the boys. She is claiming estoppal

-I am denying that and saying property belongs to the company

- She claims I'm behind the company. I have provided all the company papers to her solicitors which clearly shows I'm not behind the company

Even if I was behind the company does she have any rights?

Last year to start a new life away from the drug dealer I convinced her to move in to another property. I showed her five properties and she eventually moved into one belonging to an independent landlord.

Unknown to me she moved back into the old house after a few days.

I have a an email which connects her to the dealer

I have a text message from her that says " please do not bring out my past to your solicitors or the courts otherwise I will loose my boys. I will give yo back your house.

Where do I stand are there any test cases ?

Can someone with some expertise help !
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Hi
Thank you for your question
I shall do my best to assist you but I need some further information first.
You refer to this as "your company"
Is it?
Claire
Customer: replied 4 years ago.

Her claim is I'm driving the company.


 


There are no documents in my name anywhere. There is is Memorandum and Articles of the Company. The director is Mr Ojo a Panamanian resident and shares like I say in my question are owned the Panamanian Foundation.


 


She is also claiming something called estoppel claiming I told her when the property was bought it was hers to live in and on my death the property would go into a trust for the boys.


 


Hope that helps !

Expert:  Clare replied 4 years ago.
Hi
I am aware of the complexities of such companies - and so will the Judge be.
Is this in the end actually your company?
Claire
Customer: replied 4 years ago.

Yes it is

Expert:  Clare replied 4 years ago.
Hi
How much is the property worth and how much is outstanding on any mortgage?
Claire
Customer: replied 4 years ago.

The property is worth £100 000 no mortgage.


 


The company also bought another investment property in Burnley and sold after six months or so.

Expert:  Clare replied 4 years ago.
Hi
What is the extent of your other assets?
Claire
Customer: replied 4 years ago.

NONE

Expert:  Clare replied 4 years ago.
Hi
Sorry do you mean you own nothing else at all anywhere?
Claire
Customer: replied 4 years ago.

That is correct I have no assets

Expert:  Clare replied 4 years ago.
Hi
Who owns the matrimonial home?
Claire
Customer: replied 4 years ago.

My son who is 24 before that it was my wife.


 


I have never owned it

Expert:  Clare replied 4 years ago.
Hi
Ah I see.
I have to be honest with you I suspect that you will face a very difficult time in Court and that you will struggle to convince the court of your version of the facts.
I fear that there is a very real risk that the Court will become so jaundiced about your financial dealings that they will give your ex the benefit of the doubt at every stage.
Certainly there is a very real risk that the Court will decide that you are indeed the eventual owner of the house and on that basis under Schedule 1 of Children Act you are under a duty to help house the children until they are 18 and your ex will be able to stay there until then.
I think there is less risk that her claim that the house should be transferred to the children will be successful
Case law is here
http://www.familylawweek.co.uk/site.aspx?i=ed1807
http://www.familylawweek.co.uk/site.aspx?i=ed87781
This does not mean that you cannot continue with the Panamanian ownership argument - just that if that fails you will have no good will from the court
I hope that this is of assistance
Claire

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