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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33279
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I was after a 2nd opinion to my question

Customer Question

i was after a 2nd opinion to my question
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 1 year ago.

Hi i have a judgement agaisnt my name 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?

Expert:  Jo C. replied 1 year ago.
This isn't my area then.
I will opt out for others.
Expert:  Clare replied 1 year 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.
When was the property purchased and when did you get married?
Where did the funds for the deposit and fees come from?
Clare
Customer: replied 1 year ago.

purchase was march 2008 and got married may 2008, funds were mine and borrowed from parents

Expert:  Clare replied 1 year ago.
Hi
Right
For clarity, you owe money and this application is part of an attempt to find assets against which they can secure the debt is that correct?
Clare
Customer: replied 1 year ago.

Yes but I have already given them list of 5 assets that I own but they are heavily mortgaged so they want my wife to attend a pre app hearing to force her to release info about bills and mortgage payments for the house we live in

Expert:  Clare replied 1 year ago.
Hi
The fact that the purchase and the marriage were so close together is sufficient to allow them to ask your wife to prove where the funds came from
If she does not attend and does not provide the documentation the court can draw its own conclusions.
You clearly do have a beneficial interest in the property because you funded it
I hope that this is of assistance- please ask if you need further details
Clare
Customer: replied 1 year ago.

Sorry but I didn't fund it the funds were my wife's and she borrowed from her parents she replied earlier to the message about the marriage and the purchase and I just re read it when yiu said I funded it sorry for the confusion

Expert:  Clare replied 1 year ago.
Hi
Thank you for that - it was a major issue after all!
In that case she should attend with that evidence so that the matter can be laid to rest once and for all
Clare

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