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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33276
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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Hi, My solicitor has told me that the restriction will more

Customer Question

Hi, My solicitor has told me that the restriction will more than likely
go ahead, because my ex partner has paperwork regarding his deposit
for my property, but they have not asked to see my proof that he has been paid back
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
I shall do my best to assist you but I need some further information first
Is it clear from your bank statements that the full amount was repaid - was it in instalments or in a lump sum?
Claire
Customer: replied 3 years ago.

Hi Claire,


no it was is cash payments into the bank over a period of a year and


free rent for 88 months and items that where brought for him.

Expert:  Clare replied 3 years ago.
Hi
That could be a problem
Do you mean that you paid cash into his bank - if so what evidence is there that it came from you and how much was paid that way?
Claire
Customer: replied 3 years ago.

Hi Claire,


about £29000.000 was paid into his bank, and it was agreed


between us that he would have free rent, which totals £38000.00.

Expert:  Clare replied 3 years ago.
Hi
That is where the problem lies I am afraid
he has produced evidence of the deposit and your paperwork still shows that £38,000 is outstanding
This is sufficient for the Restriction to be granted.
However this is not the end of the matter
The Restriction will not set an amount he is entitled to - it is just there to stop you dealing with the property without addressing the issue of his claim
The next stage is for one of you to issue an application under the Trusts of Land and Appointment of Trustees Act (TOLATA) for the court to determine the extent of his claim (is any)
Your week area is the rent free part.
I assume he paid nothing towards utilities in this time so you will need copies of as many bills as possible plus some evidence of the going rate for room rental in your area at this time
Whilst disappointing I hope that this is of assistance - please ask if you need further details
Claire
Customer: replied 3 years ago.

Hi Claire, is there any way I can ask the Land Registry to give me extra time for my answers,I have a week to reply, so I can issue an application TOLATA


I really do not want a restriction on my property, I doubt very much


he actually wants the money, but to have a hold over me, and stop


me moving on. I have just finished chemotherapy and radiotherapy


for breast cancer, and I think he thinks there is a possibility of me


dying, and he then could claim my daughters inheritance. I would


rather the courts sort it out than a restriction on my house.


 

Expert:  Clare replied 3 years ago.
Hi
May I ask why you are so concerned - have you a sale already planned?
Claire
Customer: replied 3 years ago.

No, just don't want him to have a hold over me,

Expert:  Clare replied 3 years ago.
Hi
The restriction will give him no hold over you whatsoever - indeed you could ignore it completely until you wished to move and deal with it then if you chose
Do not waste time and costs on this - it will be granted so start working on the TOLATA application which will then see it discharged promptly
Claire

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