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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 866
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I am looking , I am a joint Mortgage owner, 50% /

Resolved Question:

I am looking for advise, I am a joint Mortgage owner, 50% / 50%, my ex partner and I have been split since January 2014, after six years of rape and abuse, he is on the police register.
we met each other in 2002, we got engaged 2006 and bought the property in 2007.
Question:
Can he move another women in my share of the property?
To stop me returning to my home he change the locks 3 time in 12 months of 2014, can he do this?
I work full time and with my out goings, cannot afford to get a representative, can I get legal aid?
what do I have to show as out goings to able to get Legal Aid ?
Regards
Janice Modd
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
My ex said there was no equity in the property, however I had the property valued in September 2014, and to my surprise it was worth 250 thousand, am I entitled to a my share?
Customer: replied 1 year ago.
can he keep me out of my share of the property?
Customer: replied 1 year ago.
can I force a house sale?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Janice
Welcome to Just Answer
I am a Solicitor and will assist you.
Please may I ask:
- did you marry your ex?
- was your ex found guilty of any offences against you?
- how much equity is the property?
Kind Regards
Caroline
Customer: replied 1 year ago.
- We never married
- the case never went to court, as I never reported the bruises to doctors or hospital as I was still living with him. but the police did say he would be on the rape register. and would respond to any further allegations, weather it be me back with him or any other women.
- the equity of the property is now 267 thousand pounds.
Customer: replied 1 year ago.
I had a no molestation order in place of this year, I sat before a judge, but I did not know I needed a representative, so the judge throw it out. I have tried all avenues but kept hitting brick walls.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Janice
Thank you for your responses.
As you were not married - the area of law that deals with the property is the Trust of Land Act.
As you are a joint tenant of the property it is presumed that 50% of the equity in the property is yours.
Your ex should not have changed the locks. Your ex's new partner will have no claim in relation to the property unless 1) she pays a deposit, 2) pays the mortgage or 3) adds value through renovation.
You can make an application to the court for the sale of the property so that your share can be realised. This is on Part 8 Claim Form. Send to Local County Court.
There are 2 parts to legal aid:
1) you need domestic violence evidence. As your ex has not been charged you need alternate evidence. See link below in particular the GP letter. Take the template letter to your GP and explain what happened with your ex. If your GP is satisfied that you are suffering with a condition such as stress as a result of your ex's behaviour and he completes the letter - take this to a Family Lawyer who deals with Legal Aid and has experience in Trust of Land Act claims.
https://www.gov.uk/legal-aid/domestic-abuse-or-violence
2) You need to qualify in respect if your means. The link will give you an idea - but the Solicitor will be able to do a full assessment when you have the GP letter.
https://www.gov.uk/guidance/civil-legal-aid-means-testing
Kind Regards
Caroline
Please kindly remember to rate positively. No credit is received for our work unless positive feedback is received.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Janice
The NMO is DV evidence. You don't need the GP letter. You need to take the NMO to a Solicitor and ask for a legal help assessment.
Kind Regards
Caroline
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