Ask a Law Question, Get an Answer ASAP!
Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.
Unless I have all the facts that I need, my answer would not be accurate.
My husband claims that he now works for a company who contact work to a building which houses MI5. He claims MI5 had to do a search on his financial and personal interests. He claims this is when he found a copy of the TR1 and RX1. He claims the signature is not his even though it was signed and witnessed by my niece. He claims that although the signature looks like his he claimed the curvature is wrong and claims therefore that I have forged the signature. He signed the document in 2006 when he decided he was going back to the North to live with his father and start up a business there. We had a very difficult relationship and indeed he was arrested and a court injuction was used to keep him away from the property. He has had phsychiatric consultations, marriage guidance counselling and anger management sessions to control his temper which was very spontaneous. I remortgaged the property to ensure I could afford the mortgage whilst bringing up 3 children. The transfer of property ownership was agreed by us both at the time he left the marital home. Out of my three children the twins aged 18 in july this year grew up to be very violent and obstructive and went to live with their dad. Due to his violent behaviour the twins grew up to be insecure and violent children. My youngest son who is 14 has been brought up in a secure home without my exhusband. My exhusband has decided he wants to claim money from the house although he has never paid any maintenance on the house only maintenance on the children which he has tried to stop when I met my new partner 3 years ago. My partner has paid almost all of my mortgage only £25,000 is still owing. We have an agreement drawn up by a solicitor protecting his interest in the house. Can he now take my home after all the pain he has already caused and can he really take me to court to claim I forged his signature. HELP PLEASE
He has not gone to the police. I received a letter on his Solicitors headed papaer via the Land Registry office asking me to contact them to let them know if I wish to re register my TX1 as my exhusband is claiming it is forged - which from what my exhusband has said he would now not sign unless he gets some money out of the house. Basically he is using this as blackmail to gain some money out of the house. He has not paid anything into the house for 7 years and left due to his violent rages towards me and my children. Two of my children have lost their security and now reside with him. I do not want the same for my youngest son. I wish to move within the next two years to get away from him and his influence on the children since he returned from the North he has moved twice nearer and nearer to where we live - he now lives a minute walk from my house. He also now is making claims against our home. When will I finally be free of him financially and emotionally?
When were you divorced? Did you get any kind of financial order at that time?
Did you give any money for the transfer signature? Why not? Why did he sign it? Did you use solicitors? Did he?
It seems to have come from the Land Registry via his Solicitors as it is on his Solicitors headed paper but states it is from the Land Registry.
He wants 40% which was on the original consent order - the consent order was sent back from the courts as it needed amending by my solicitor. Then because he had signed the house over to me my solicitors said there was no need for a consent order to be reissued.
I paid for the transfer via the Abbey (now Santander) solicitors (Fox Hayes) which cost in the region of £580.00. I am on the deeds as the sole owner and mortgage.
He basically signed it over to me so I could remortgage the house. I needed to reduce my monthly outgoings as I would be a single mother with a low income (my wages are pro-rata of the year as I work in a school). He agreed to this as he was moving back to Cumbria to start up a business with his father.
This transfer was done legally through Fox Hayes which I understand has now gone into liquidation. I have contacted Santander who have taken over the Abbey, who told me to get some legal advice. Could you please let me know whever he can do this to me and what is likely to be the outcome. If I go to court this will cost a fortune, he told me he has saved £13,000 - how much will all this cost?
Please explain the consent order and 40%. Didn’t he get 40%? If not why did he sign this?
Did he have solicitors back then? Why raise its head now?
Would you be happy to have handwriting expert examine the TR1?
The consent order took ages as the court returned it to my solictor as there were errors on the original application (this is what my solicitor told me). In the meantime my exhusband decided to go back to the North I think he was more than happy for me to take over the responsibility of the house and the kids and most probably hoped I would share the proceeds with him on the sale of the house (transfer order or not). He did not go through a solicitor not sure why, he must of known he had a claim on the house. He is desperate now for a home as he has two of the children and lives in a one bedroom flat (his choosing), he could of choose a bigger flat. He is a security guard maybe money was tight.
What can a handwriting expert do - can he confirm validity - I know my signature has certainly changed dramatically in 7 years? If the signature is not exact does he have a claim?
Because I was being left with the mortgage and 3 children my solicitor went for 40/60. The consent order was not put forward as my ex-husband wrote the house over to me legally through the mortgage companies solicitor (Fox Hayes)
The consent order was sent to the courts and returned with errors my Solicitors said, due to the fact my ex husband signed the house over to me legally through Fox Hayes Solcitors (Abbey/Santander Solicitors) I was told by my solicitors that I did not need to continue with the Consent Order as I was now in sole possession of the house anyway. My ex husband is now claiming he has a legal right to the house and claiming his signautre was forged on the TR1. He is trying to get a restriction on the house through the Land Registry and his Solicitors. The Land Registry sent me copies of the TR1 and RX1 to inform me of my exhusbands intentions and gave me to the 14th of theis month to object. I have emailed the Land Registry to object to the registration. My exhusband is claiming a restriction as he thinks his signature was forged. I have a witness to his signature which is on the documents in question they have also been legally stamped by the Land Registry. After 7 years can he still claim on the house I have struggled to keep?
I am going to opt out of this for another expert to consider. Please do not reply or it comes back into my inbox. Another expert will pick it up at some stage. It is now open to all experts.