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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1087
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My partner has forced me to leave our jointly (mortgaged)

Resolved Question:

Hello,
My partner has forced me to leave our jointly (mortgaged) owned home. We have no children. We are not married. We have been together, as a couple since 2008.
He has physically assaulted me in the past and he threw my belongings out of the house recently and onto the drive whilst I was not there.
He has withheld £1500 of my money that I placed in account in his name to pay for a holiday.
He is driving my car and I am afraid of taking it.
We went to Relate, however the counsellor said he couldn't help us explore any reunification. I was willing to discuss our difficulties, but my partner was saying that he had done everything he could already.
He is now refusing to answer my emails in relation to the house (for which I am still paying the full amount of the mortgage as was agreed when I bought into his house) and I am struggling to financially provide for myself. His name us on the mortgage as a borrower also.
Can you help?
Regards,
Kathy Berry.
Submitted: 2 years ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Welcome to Just Answer
I am a Solicitor and I will assist you.
Please can you confirm to me - are you joint tenants on the property or tenants in common?
Kind Regards
Caroline
Customer: replied 2 years ago.
Hello, we are joint tenants on the property. The house belonged to him and I bought into it for £60.000. Both our names are ***** ***** mortgage as the borrowers.
Kathy.
Expert:  ukfamilysolicitor replied 2 years ago.

Hello

Thank you for your response and for confriming the position.

I am really sorry to hear about the difficulites that you experienced with your ex partner.

As you have conifrmed that you contributed £60k towards the property and you are also paying the mortage - then you should make a claim under the Trust of Land Act. You should ask the court to confirm the Declaration as to your interest in the property and you should also ask the Court for an Order for Sale so that your interest in the property can be realised. The Court Form is N208 and the fee is £280.00

I note that you state that your ex has been physically violent towards you. If you can obtain Domestic Violence evidence and you are eligible in respect of means then you may be able to obtain Legal Aid and therefore a Solicitor to assist you.

Please see this link for further information:

https://www.gov.uk/legal-aid/domestic-abuse-or-violence

If the car is yours then you should take it. You could ask the police for assistance. In relation to both the money and the car - you should right to your ex asking for return of these items detailing your proof that these are yours. If your ex wont return them then you should consider making a claim to the small claims court. This link will guide you. If your ex doesnt respond then you can ask for Judgment then enforcement.

https://www.gov.uk/make-court-claim-for-money/overview

Kind Regards

Caroline

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