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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33804
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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I need a court order to search the Land Registry index of proprietors

Resolved Question:

I need a court order to search the Land Registry index of proprietors to establish that my ex-partner and current partner have a second home. How do I go about this?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Could you explain the context of your request - why you need to prove this and what evidence of it you already have
Clare
Customer: replied 2 years ago.
Hi Clare, thank you for your prompt response. I am making an application to the court for a variation of the Minutes of Consent of my divorce, in particular I am seeking a "clean break" on the basis that my ex-wife has been in a long term relationship for the past 8 years and he is fully involved in the lives of my ex and our children even though they haven't married. I have since got married and had another child and can no longer continue to support maintenance for her on top of for our two older children, so I just want to pay that part of the children's maintenance. When we divorced my ex-wife bought a property without a mortgage with approximate 90% of the assets we had. This property is now worth in the region of 1 million as it has increased in value considerably. Looking on the Land Registry title doc I noticed that a mortgage had been taken against her property in 2008. I believe she may have bought a buy to let property,possibly with her partner. I m going to make an emergency appeal to the court as soon as I can because my my job circumstances gave changed and my wife and I are struggling financially, paying close to 3,000 in maintenance a month is not sustainable. My question concerns, how can I get a court order to do search by name of the Land register. On their website they say I need a court order to do this, I am assuming this is separate from my request to the court for a variation, as I will need to have all documentary evidence in place before I can proceed with the latter. Thank you for your assistance.
Expert:  Clare replied 2 years ago.
Hi
Was there a Capital Clean Break regarding the property?
How much the spouse maintenance?
Has she started work since the order was made
Clare
Customer: replied 2 years ago.
I'm not sure what is meant by a capital clean break. The last few paragraphs of the order state that "the petitioner wife having received the sums referred to in recitals ...(then there is a reference to the first few paragraphs that detail division of capital) ...her claims for lump sums, Property Adjustment Orders and Pension Sharing Orders do stand dismissed. Further paragraph states Respondent Husband's claims for such do stand dismissed also.
The maintenance is divided into three equal amounts of roughly £900 each for ex plus two children. There is an RPI adjustment that comes into effect this month which I haven't yet calculated but for the past year total monthly amount was £2683 (894 x 3).
No, to my knowledge she doesn't work. She was running an Art Club at the school my sons attend (14 and 11) but I don't think that was paid. Before our divorce she had a nervous breakdown and sued her previous employer for damages. This was before we had children. From memory she gets paid about 2000 another from them for life. I think if she were to work she would risk losing this. I think she has to gave an annual assessment it something to prove she can't work.
Expert:  Clare replied 2 years ago.
Hi
I assume that she and her ex are not actually officially living together?
Is there actually any reason why she cannot work now?
Clare
Customer: replied 2 years ago.
My ex-wife and her current partner have been together since early 2005. We haven't established legally that they are living together but the circumstantial evidence is strong. The boys talk about him being there much of the week, he visits his son in Haslemere and i believe he rents a bolthole flat there. i think this has been cannyness on their part, but i fon 't belueve he actuslly doends a lot of time there. They have all been on holiday together, ie he and his son plus my boys and ex-wife. He is there when I go around to pick up the boys on weekends and during the week.
In terms of work, as I mentioned, she gets paid a monthly insurance amount and I don't suppose she wants to lose this. If she were to get a job, her previous employer would have grounds to stop paying her. Her ailments are of a more psychological - psycho-symptomatic nature - I don 't know how she proves she is unfit for work when she has an annual review for her health insurance claim. She is an intelligent competent person in other respects.
Expert:  Clare replied 2 years ago.
Hi
May I ask what your gross income is from all sources?
Clare
Customer: replied 2 years ago.
At the moment I am unemployed. I was made redundant in October last year which is now why I am seeking an urgent hearing to amend the terms of the maintenance order. I just cannot keep paying as much as I have done. The order also makes me liable for the school fees which I again cannot continue to pay in full, I need my ex-wife to share this burden if the boys are to continue at their present school. I also have debts. Furthermore, prior to October last year, from the time when the Consent Order came into effect, my salary has not been as high as what it was at that time.
Expert:  Clare replied 2 years ago.
Hi
How have you been managing since you were made redundant?
Clare
Customer: replied 2 years ago.
By the grace of God. We had a tax rebate last month which we've been living off, together with loans from family members. We don't have any savings keft. My wife is currently seeking work, as am I. My little boy is not yet in full-time nursery ( he does half days) so that restricts the amount my wife can work as we'll heed to offset her hours against childcare costs. We are obviously hopeful things will change but we need to reduce our expenditure as soon as possible.
Expert:  Clare replied 2 years ago.
Hi
You do not need this Order (and would not get it anyway)
You need to do two things
First you need to apply to the CMS (new CSA)
The assessment that they make will automatically replace (and reduce) the child maintenance
At the same time you need to apply to the Court on a Form A - available here http://hmctsformfinder.justice.gov.uk/courtfinder/forms/form-a-eng.pdf
Your application is based on your significant reduction in income - and the fact that your ex is now better placed to get more work as the children are older
Within the application you can certainly ask why the mortgage was taken out and ask her to account for the money
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33804
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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