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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33954
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My daughter was married to a very abusive controlling husband,

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My daughter was married to a very abusive controlling husband, she has been separated for 5 years and is now awaiting her decree nisi, he provided nothing didn't pay any bills stole the child's lunch box from the fridge drank all the milk and removed all the cereals he alleged that one of my granddaughters friends stole my daughter car, he was taking responsibility as door man during a party, he sat in the garden and avoided responsibility, the child was attending an excellent secondary school, the person who stole the car is known to the police, he belongs to a gang of car thieves, drug dealers who have been imprisoned for various crimes. During the marriage the child and her mother were called psychotic lazy psychopaths who should be locked up for the protection of others.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What would you like to know about her position?
Clare
Customer: replied 2 years ago.

Can he make false accusations against a child, is it legal to marry a single woman, intimidate her to sell her home and buy a house of half the value in his sole name, abuse her and her child, provide nothing, steal the child's food when her mother bank a/c was empty, he ate take away meals and failed to provide, now he wants a share of the house, they were cold in wintertime, no heating,he only lived with them on a part time basis. Can she sue him for making false allegations, she has had to ask the police for protection after she left him as he made threats to kill, he promises to sign the house to her name. Would a solicitor write to him and ask for a written apology for making up lies about a child he is a mental health nurse who lives a life of irresponsibility, he is insolvent with many debts and ccj's, he now lives in a bedsit, he got a council flat when he separated from my daughter, we just want to get the house in my daughters name, an apology for the child whom lied about and mentally abused when they lived with him, an injunction with the power of arrest, he drives past the house which terrifies them even though he lives and works 50 miles away. How can my daughter protect her child from his vicious lies, she is worried that it may impact on her future career, and her mental health as they both are terrified of him.

Expert:  Clare replied 2 years ago.
Hi
How long did they live together, how much is the house worth and how much si outstanding on the mortgage?
How old is the child and what allegations have been made against the child?
Clare
Customer: replied 2 years ago.

they lived together 6 years, 3 years and 9 months in the house that he managed to get in his name, that house is now worth £215,000 the mortgage is £125,000. My daughter's house that she had when she me him is now worth £500,000, she had a mortgage on her home for £172,000. He was studying to be a mental health nurse for 3 years which he decided to do after they moved, he got a bursary of £900 per month as my daughter had a minor child living with her, he worked on a part time basis, he got a mortgage on the basis that he lived at an address that his sister previously lived at to hide his debts, no insurance was paid on the house he cancelled the insurance policy, the mortgage was paid intermittently it is a sub prime mortgage, he paid the mortgage for 3years and 9 months interest rate is 5%, he hasn't paid for the past 5 years since she fled the house on the advice of Parentline plus and social services who advised to remove the child from the abuser, they were verbally abused, cold in winter, hungry when he removed all the food from the fridge the child used to feel faint with hunger at school, he has sent many E mails saying he is going to sign the house back to my daughter over the past 5 years, just says the house is yours nothing to do with me, yet he fails to do so. He used to return from work with a large take away meal, never shared anything, laughed at their distress when my daughter begged of him to give her money as they were hungry and cold, now he is making an allegation that my 13 year old granddaughter's friend stole her mother car, this false allegation was made to a solicitor. My granddaughter was attending a local prep school when her mother met her ex husband she joined the secondary school then went to college, when her mother was married her ex husband frequently told my grandchild to go to work even though she was only 15/16 years old, she was called a psychotic lazy psychopath, his word I am not going to keep you, you are a danger to other people, my daughter suffered from alopecia and panic attacks and was suicidal when she left her husband, at my invitation as the child told me some of the horrors at home, he has been seen driving down the street where we live, even though he lives 50 miles away, we are terrified of him he is 25+stone weight, he has a council flat and is a tenant in another house, he has made threats to kill to another partner, a teenager he made pregnant when she 17, this girl is described by social services as a person who suffered significant harm in the care of her mother, this child is now 12, the mother has 4 more children with 3 different men, they have all been described as neglected. We want no further dealings with him, sign the house back to my daughter as he has promised many times over the past 5 years, he promised in 2006 to sign an affidavit in 2006 saying that he has no financial interest in the house, yet when asked when this was going to happen, he laughed and said no chance the house is mine, if my debts come on top the house will have to be sold to pay my debts. I am worried about the false allegation against my granddaughter, she is not known to the police, she is employed in a good job, never took drugs or drink or smoked. She has never associated with underclass drug dealers, car thieves or people who have been to prison, the Police informed my daughter that the people who stole her car are known to them as they are car thieves drug dealers and gang members. Yet my daughter ex husband states that they are friends of my granddaughter, who stole her mother car she was 13 years old. I feel this blot on her character should be dealt with through a written apology from a solicitor. I feel he is still abusing her the same as he did when they lived with him.

Expert:  Clare replied 2 years ago.
Hi
So the former matrimonial home is worth £215,000 and the mortgage is £125,000.
Do either of them currently own any other assets?
Clare
Customer: replied 2 years ago.

He has no assets he owes money to 3 debt consolidation companies, always overdrawn has many ccjs my daughter has no assets she wants the house in her name as she can then get a mortgage from the high street at a lower rate of interest also she wants a repayment mortgage, the emails he has been sending for the past 5 years saying that the house is hers, nothing to do with him have they got any legal standing. She has paid the mortgage plus the arrears of £4,000 as the house was going into repossession when she left him 5 years ago, she was in court with him she did not have a solicitor, so the judge postponed the case, there was a document in the court which he had provided saying he was signing the house over to her on that date 7/10/2014. He said he forgot about the document, so she needs a solicitor, he said he had left my daughter as she was violent to him which was untrue, he has been described by a support worker from the domestic violence unit as a pathological liar. The deposit for this house came from the sale of my daughters house, furnishing and floor covering and all expenses were paid for by me. He paid for nothing except his takeaway meals, the car insurance was cancelled according to his bank statement which I have a copy of as he couldn't afford to pay the £25 monthly charge his account was always overdrawn without the permission of the bank. He said that he paid the council tax, this is untrue he told the local council that he was a student living on his own

Expert:  Clare replied 2 years ago.
Hi
Who lives in the property at the moment?
What were the court proceedings in October about?
Clare
Customer: replied 2 years ago.

The house is let, the ex left just a week after my daughter left, the proceedings were about the ownership of the house, there was confusion about the deposit, the original house deposit was funded by me and my husband, money can't be traced. The original mortgage was for £172.000, house sold for £350,000, new mortgage was for the figure of £125000. Case postponed as we needed a solicitor. We have paperwork to prove we paid original deposit, The first house was in my daughter name as she had this house for some time before she met him, he said he paid the mortgage on original house, not true, the 4 bedrooms upstairs were let to weekly tenants, so that paid mortgage and rates.

Expert:  Clare replied 2 years ago.
Hi
Who issued the application?
Clare
Customer: replied 2 years ago.

My daughter + I issued the application after repeated E mails saying that he was going to sign the house over to her name over the past 5 years, repeated phone calls saying that he was looking for a solicitor when he had the funds to sign the house over to her, we hired a mortgage broker to get a mortgage for my daughter, he refused to co-operate with the man said the broker was a fraudster who was trying to get the house for himself, so it has been lies and excuses all this time.

Expert:  Clare replied 2 years ago.
Hi
What was the outcome of the hearing?
Clare
Customer: replied 2 years ago.

it has been postponed until April

Expert:  Clare replied 2 years ago.
Hi
May I ask why your daughter did not make the application within the divorce proceedings?
Clare
Customer: replied 2 years ago.

This was not part of the divorce proceedings as she felt as she had a house before she met him, she just wanted the house signed over to her and then get a divorce, I feel that it was a wrong decision, but he did ask for money out of this house of lesser value as he is insolvent and wanted money to pay some of his debts, sorry I don't know anything about divorce proceedings, he was made insolvent in 2013, 3 years after the marriage ended.

Expert:  Clare replied 2 years ago.
Hi
Do you mean he was declared bankrupt?
Clare
Customer: replied 2 years ago.

He was declared insolvent in 2013, details are unknown except that he has promised to pay his debts

Expert:  Clare replied 2 years ago.
Hi
For clarity then - he has an IVA not a Bankruptcy?
Clare
Customer: replied 2 years ago.

He has an IVA as far as I am aware

Expert:  Clare replied 2 years ago.
Hi
Do you know the extent of his debts?
Clare
Customer: replied 2 years ago.

I am unaware of his debts, he is making Payments to 3 companies one called Baines + Ernst, Moorcroft, Amber Select. Is there a way we can find out the extent of his debts, my daughter was informed recently that he was made insolvent in 2013, can any of these companies demand money from the house to pay his debts. She is separated since 16/1/2010, he has never supported her or given her any money when they were married or since, is it an offence to lie to the court, he said he left my daughter, he stated that he paid the council tax, yet only 4 payments appear on his bank statements, is it an offence to lie to the mortgage company in order to get a mortgage he avoided telling them about his debts by saying he lived at an address his sister used to live at.

Expert:  Clare replied 2 years ago.
HI
I have to say that your daughter would have been more sensible to start a divorce based on his Unreasonable Behaviour much earlier so that the house could be dealt with within the financial side of Divorce Proceedings.
Under property law - which is what the ongoing case is base o n the Court has limited power to deal with the division of the equity.
However the family court has very wide powers and can distribute the assets in any way that they consider fair - no matter whose name is ***** ***** title deeds.
It would be sensible for your daughter to make a Financial Application within the Divorce proceedings as this is the best hope she has of obtaining the majority of the equity.
With regard to your grand daughter please do not worry - whatever false allegations her former step father makes they have no power to damage her now.
Please ask if you need some further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33954
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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