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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33946
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi Jo, My partner Gillian with whom I have been in a relationship

Customer Question

Hi Jo,

My partner Gillian with whom I have been in a relationship from 1986 to May 2011 is an Alcoholic. Since May 2011 we have been living in our home which we both own although Gillian makes no contribution towards the mortgage or other household bills other than buying alcohol and limited food purchases for her sole use.

During the period between May 2011 to present Gillian has repeatedly called the police to our home making allegations of voilence against me often culminating in her own arrest due to her drunken abuse of the attending officers.

Gillian is currently banned from driving for being drunk whilst in charge of a vehicle that I bought for my son in 2006. I allowed Gillian to register the vehicle but she put in her own name rather than my sons.

Gillian called the police again yesterday at 10 pm stating I had stolen the vehicle as I was in possession of the key. I explained to the police that Gillian was the registered keeper of the vehicle but not the owner as it was bought for our son as a gift. The attend offices said they would arrest me for theft if I refused to return the key.

Essentially I have two questions.

1. Did the police officers have a right to force me to give the key to Gillian?
2. Am I able to force the sale of our home bearing in mind that Gillian refuses to contribute?

Kind regards

Robert Potts
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

I can help you with the first question but the second is a family matter.

In truth the whole question is better answered by a family specialist.
Customer: replied 2 years ago.
Hi Jo,

Can you assist with the first question please? You mention a family specialist - do you mean a solicitor or other professional?

Expert:  Jo C. replied 2 years ago.
If she is the registered keeper of the car then she is entitled to possession of it so they were entitled to demand that the key was handed over.

In fact, if was good of them not to arrest you for theft since that was the allegation she was making. I suppose they are accustomed to her stupid attention seeking misuse of the 999 system.

I just meant a family expert on here could help with the second question. You can post another question in our family section. Of won't cost extra of you are on subscription.

Jo
Customer: replied 2 years ago.

Hi Jo,

Thank you for your answer. Will I be required to make an additional payment for your firms family specialist to answer my question regarding the sale of our home? I do not have a subscription.
Expert:  Clare replied 2 years ago.
Hi
I have been asked to look at this side of it for my colleague.
Assuming there are no children under 18 involved you are entitled to apply to the court for an order for the sale of the property using the Trusts of Land and Appointment of Trustees Act
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33946
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Clare


Can I make the application personally or will I need a legal representative?
Expert:  Clare replied 2 years ago.
Hi
They are not the most straightforward of applications but you are free to do it yourself if you wish
Clare
Customer: replied 2 years ago.

Thank you Clare.
Expert:  Clare replied 2 years ago.
Hi
You are welcome
Clare

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