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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a judgement agaisnt my name from a previous business

Customer Question

Hi i have a judgement agaisnt my name from a previous business relationship and I live in a house that my wife solely owns which she purchased just before we got married, the claimant has asked for a pre application disclosure hearing to force my wife who was not involved in the previous case to release information about how she purchased the house and who pays the bills and morgtage, the hearing is on the 12th of june but i honestly thought that they would not be able to so this, they appear to be lying or are mistakenly using the wrong purchase date from the land registry as they state that it is in my wifes maiden name because she delibratley tried hiding who owns it by getting the mortgage in her maiden name but it was because she was not married at the time.They are using the confusion about the purchase dates by trying to say that she used money from the business relationship I had with the claimant but this relationship did not start till nearly a year after the house purchase. they have not named me in the new proceedings either so would I be able to go the hearing instead of my wife or does she have to be present? and what is the likelyhood of them being able to force my wife into supplying all the info they require and does it mean i have beneficial interest if i have paid some bills at the property despite them having no grounds in the first place to do it?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Has the Court ordered the disclosure please?
Customer: replied 1 year ago.

No the Hearing is friday 12th of june

Expert:  Ash replied 1 year ago.
Ok. Usually disclosure from a non party is very rare. You are only responsible for disclosing documents reasonably within your control. Your wife (or her legal representative) must be present, you wont be allowed to speak for her.
But if its a fishing exercise then the Court wont allow it. If they have Judgment then they can enforce on other methods.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

Thanks They have put in costs which they say she will be liable for of £1900 though so is the judge likley to award costs to them wether they are succesfull or not?, we have proof that nearly all the reasons for bringing the application are falso other than I do pay some bills at the address so is that classed as proof of beneficial interest?

Expert:  Ash replied 1 year ago.
Costs are discretionary, they are not as of right. indeed a Court is unlikely to award costs against a non party. If you have evidence as to falsehood then take it with you.
Does that help?
Alex
Customer: replied 1 year ago.

yes great but could you answer my question about the likley hood of beneficial interest being proved if I pay some bills and can she litterally refuse to answer the questions about the property as she was not party to the original claim?

Expert:  Ash replied 1 year ago.
If you pay bills - no. If you pay towards mortgage - yes It needs to show direct to mortgage.
She can refuse to answer the questions - yes.
Does that help?
Alex
Customer: replied 1 year ago.

Thank you you have been a great help.

just one more thing, do we have to submit evidence to the court prior to the hearing or do we need to take it with us on the day ?

Expert:  Ash replied 1 year ago.
No, before the hearing as the other side must see it before the day.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Hi
I am just following up to see if there is anything else I can help with?
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Customer: replied 1 year ago.

I have been worrying about this all weekend, we cant afford to take a legal representative with us on friday so is it just a case of refusing to answer questions about my wifes assets? or will the judge be able to force her to send the info the claimant is asking for, we have provided proof that my wife purchased the house a few months before we got married and it was bought as a buy to let property and not as a marital home but they are saying that as I regard it is my marital home and am bound to pay towards the bills so therefore i have a beneficial interest

Expert:  Ash replied 1 year ago.
You can refuse yes.
Alex
Customer: replied 1 year ago.
Relist: Other.
2nd opinion
Customer: replied 1 year ago.

and if my wife refuses to supply any information on the house what is the worst case scenario?

Expert:  Ash replied 1 year ago.
The worst case she can be summonsed to Court and the Judge could, at extreme, Order she gives it.
Alex
Customer: replied 1 year ago.

they have not yet provided any proof for what they are saying other than that we are married so i hope the judge would require some physical proof in order to do that ?

Expert:  Ash replied 1 year ago.
Indeed, the Judge would need to show some link.
Alex

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