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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 759
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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After my ex partner and me split up I had to leave our jointly

Customer Question

After my ex partner and me split up I had to leave our jointly owned house.
My five years old daughter and I live in rented house while my ex changed locks and lives in family house for more than two years on his own. He pays mortgage I pay rent, which is much higher. I tried many times to get back to the house; I have dealt with him through solicitor with no success. Can I claim compensation of costs?
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
Please may I ask:
- were you married?
- were you joint tenants or tenants in common in respect of the jointly owned property?
- how much equity is in the property?
Kind Regards
Caroline
Customer: replied 1 year ago.
We never been married
Joint tenants
my parents paid £10000 property was bought for £98000 and there is approx £83000 outstanding on mortgage
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response and for clarifying that for me.
There are a few legal routes which are open to you to consider.
Firstly - as a joint owner of the property - you are entitled to 50% of any equity - if you wanted to realise your equity in the property - you could issue a Trust or Land Act claim asking for the property to be sold.
If you want to reside in the property - then you are technically entitled to do so by virtue of being a joint owner of the property. You could ask a locksmith to break the current lock and replace it one another lock.
You could also consider making an application under Schedule 1 of the children act for provision of housing for your son. The court in this type of application would consider your sons housing needs. If such an order was made then your ex's interest in the property would be held on trust for the benefit of your son. This would then revert to your ex when your son reaches 18.
I think you should give consideration to referring this matter to mediation - to see if an agreement can be reached without having to make an application to the court.
Kind Regards
Caroline
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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 759
Experience: Divorce, Finances, Children, Domestic Violence, Care Proceedings
ukfamilysolicitor and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
After a long battle through solicitors we reached an agreement in Tomlin order for the house to be sold.
This agreement was signed in may 2015. House had to be on the market within two weeks however I had to ask court to enforce this(august 2015). So my ex was in breach of tomlin order.Now house has been on the market since August. I made an offer for the house - Got no response.
There was an offer of £98000 through estate agents which he rejected.Now his solicitor is pressurising me to sign transfer of deeds into my ex's name, which I do not agree with.
Please see tomlin order attached.We tried mediation, for nearly two years with no success
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response. I have also read the Tomlin.
If you are the 2nd defendant - it appears as though you have relinquished all rights to the property. I am presuming that the claimant is your mum and it reads as though her deposit will be repaid - although there appears no provision for any payment to you - all the proceeds to go to your ex.
If your ex is going to pay your mum the monies owed - then I think that you will struggle at court to not sign the transfer to him - given what you have previously agreed.
I am sorry as I appreciate that this is not likely what you want to hear.
Kind Regards
Caroline
Customer: replied 1 year ago.
Thank you for your response
Yes,I would say that it is not good news.
As we both wanted this house there was an agreement to sell the house. Also solicitors from Citizen Advise told me that i am absolutely fine to sign that order.
What about claiming compensation of costs?I mean difference between what I would pay living in my house and what I pay now as excluded from property.
Kind regards
Lidija
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Lidija
I am sorry to give you further bad news - it is not possible to claim compensation in respect of the difference in costs.
It is a shame to hear that you were not given proper legal advice in respect of the order that you signed and its meaning.
Kindest Regards
Caroline
Customer: replied 1 year ago.
Dear *****I understand that it 's not good news at all.
Is any chance to try to amend the tomlin order?My mum was happy to cancel her claim before court but he did not respond.
We have been in court in August and the judge did not ask me to transfer ,he ask my ex to place our property on the market
as by tomlin order shedule.Thank you
Lidija
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Lidija
The proceedings in August would have likely just been to enforce the terms of the current order - hence the property be sold.
In respect of seeking a variation to the Tomlin Order - it is highly unlikely that your ex is going to agree to amend this order so that you now receive some benefit.
It is still however possible to ask the court to consider varying the terms. You would need to complete Form N244 and return this to the court asking for a hearing.
Kind Regards
Caroline
Customer: replied 1 year ago.
Dear *****I do agree that always need to try something.I would try to apply to amend Tomlin order terms. I have got plenty email trials,letters - evidences that he promised me to sell house and I was agree to do so as i do not have access to my house.Thank you for your advise.
I hope I can ask some more questions tomorrow.
Kind regardsLidija
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Lidija
Yes - I more than happy to try and assist you.
There is no guarantee with the court - but you can but try.
Kindest Regards
Caroline
Customer: replied 1 year ago.
Thank you and good night .Lidija
Expert:  ukfamilysolicitor replied 1 year ago.
Good night Lidija :)
Customer: replied 1 year ago.
Dear *****I hope you are well.
Thank you very much for your comments yesterday.Could you please read text below. Would be great if you would provide your comments and advices.
September 2013 -Excluded from family house. Changed locks and did not allow entering into property.
Since that time I did ask my ex partner to transfer house to my name so many times in different ways, all of which were rejected.
October 2014 he rejected repay deposit to my parents.
26 October 2014 my mum applied to court to recover deposit money.
From November till April 2015 we negotiated regarding house sale and my parents deposit money.
27 April 2015 the Tomlin order was sign to all parties.
6 May 2015 the Tomlin order was approved by Leeds County Court.
22 May 2015 house should be placed on the market within as per Tomlin order.
3 June 2015 ask my ex partner solicitor to explain why house not for sale.
9 June 2015 received response by email from my ex partner"I have taken my client’s instructions and he has informed me that a valuation will take place at the property next Monday.
In the interim my client is also pursuing the possibility of re-mortgaging the property and owing the property in his sole name. Upon re-mortgaging the property he would make payment of the settlement sum to you. This possibility would require an application to the Court to amend the agreed Tomlin order. Would you consider such proposal? "We did not agree to amend the Tomlin order as remortgaging the house was discussed previously but my ex partner told me that house must be sold not transfer on my sole name.
25 June 2015 I did apply to court to enforce the Tomlin order schedule as he did not get response from my ex partner. House is not on the market too.
22 July received a letter from court that court hearing will be on 07 August 2015.
3 August 2015 I email to my ex partner’s solicitor. I did ask again to transfer house onto my sole name and my mum will withdraw claim.
5 August my ex partner‘s solicitor send amended Tomlin order requesting to sign it .I did not sign.*****made order to put house on the market within two weeks.
23 October 2015 I put my offer to buy the property through estate agency, no reply
20 November his solicitor sends transfer form (TR1) and saying I have to sign it by Tomlin order.
I did not agree as I never signed Amended Tomlin orderMany thanks in advanceKind regardsLidija
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Lidija
Thank you for your message. Your chronology was very precise.
I am still concerned that the last Tomlin Order appears to exclude you.
I note that despite your ex's solicitor stating after the first hearing that he was considering remortgaging - he has clearly not been able to do so as he did not seek such an option at the hearing in August.
I do consider that you are going to have to apply to court to have the Tomlin Order varied. Your ex has not complied with the sale and he has not been able to remortgage. If you want to put the option to the court that the house be transferred to you then you should make the application and let the court decide.
Kind Regards
Caroline
Customer: replied 1 year ago.
Dear *****
I would be more happy to sell house to the 3rd party instead of transfer on my sole name after all of that.May I ask court for order to sale or my current situation would be better if I would ask to transfer?Thank you
Lidija
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Lidija
It's up to you. If your undecided then you can put both options to the court and explain you are concerned that he is not complying with the sale to a 3rd party.
Kind Regards
Caroline
Customer: replied 1 year ago.
Dear *****
Would it possible to help me to draft a short application letter to court ?
Of course I do understand that it is not for free.
I could do myself but I need to spend so much time for that.
RegardsLidija
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Lidija
I would suggest that you simply use the chronology in the message that you sent me before. This was very clear and precise.
I would simply add a line to the bottom to say that due to his non compliance you have been left with no option but to seek that the order be varied and the options that you are now proposing.
That will be fine and to the point.
Kind Regards
Caroline
Customer: replied 1 year ago.
Dear *****
Thank you for your help
Would you advise how long I may use your help with no additional fee?
Regards
Lidija
Expert:  ukfamilysolicitor replied 1 year ago.
Dear Lidiya
I notice that you have already paid a bonus tonight - which was kindly appreciated.
I am more than happy for this question to remain open for as long as you need and if your find the service useful you can always choose to make a small bonus - if that works for you?
Kindest Regards
Caroline
Customer: replied 1 year ago.
Dear *****Thanks again.
I was so late yesterday.I should finish today.I am so tired to sort this all.It is more than 2 years since we trying to sort it.
Good nightLidija
Expert:  ukfamilysolicitor replied 1 year ago.
Good night Lidija
I can see why you are frustrated.
Kindest Regards
Caroline
Customer: replied 1 year ago.
Good eveningI've been to Citizen Advise Bureau today
They say I may claim occupational rent from time I have been excluded from house to the day when Tomlin Order signed at least.
Would you comment that please?Thank you
Lidija
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Lidja
I'm sorry but I can't comment on that for you as I don't specialise in landlord and tenant work.
From my prospective I can say:
In the civil courts for Trust of Land Act cases the Judges will sometimes equitably account if one person has continued to pay the mortgage - but this isn't the position in your case.
There is still also the issue that you appear to have given up all your rights to the property in the last order - so you may need to get round that for the future.
I hope this helps
Kind Regards
Caroline
Customer: replied 1 year ago.
Thank you for reply
Maybe I am asking not very clear. I would like to now if one of owners restricts rights of another owner to use the property, in my opinion absolutely illegally, how may I fight against that. We are not landlord and tenant, this is my house too and I am not able to live in it.Regards
Lidija
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
My apologies for my delaying in responding to you tonight.
The difficulty that I have with your situation is that Although you are still a legal owner in name because the house is still in your name - you have agreed to an order that leaves you with no equitable interest in the property. The time for any equitable accounting would have been then.
As the house has not been sold in accordance with the order - and as you want to now buy the house - you really are hoing to have to return matters back to court to seek to vary the order.
Does that clarify?
Kind Regards
Caroline

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