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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 855
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My partner attacked me and was arrested and charged with 1

Customer Question

my partner attacked me and was arrested and charged with 1 account of criminal damage 1 account of assault has was given a 2 year restraining order which he broke and has a 1 year suspenned conditional sentance he has instructed his solicittors to make me sell the house or he will take me to court the house is in joint names
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your question.
I am sorry to hear about your situation. I am a family Solicitor and can help.
If your house is in joint names and you are not married then it is likely that your ex has issued a Trust of Land Act Claim to seek to realise his share of the property.
I note that you have the benefit of a Restraining Order.
A Restraining Order can be used as Domestic Violence evidence to seek to obtain Legal Aid, to have a Solicitor help you. The Restraining Order needs to have been made in the last 2 years.
You need to take your Restraining Order to a Solicitor who specialises in Legal Aid so that they can assess your financial eligibility for Legal Aid. If you qualify they will be able to assist you with the Trust of Land Act Claim being made by your ex.
You will also be able to get assistance to seek a Non Molestation Order for when your Restraining Order expires - if he keeps harassing you.
Kind Regards
Caroline
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Customer: replied 1 year ago.
I have already put the house on the market will he be entitled to his half of the equity
Customer: replied 1 year ago.
I put the house on the market this week but feel he should not get half the equity after what he as done i thought I was going to die since the incident the fuel pipes on my car have gone and it nearly blew up
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
I am so sorry to hear how your ex has treated you.
The court when deciding whether to order a sale or declare a person's interest in a property the Court must take into account the following factors which are set out in Section 15 of the Act.
The intentions of the person or persons (if any) who created the Trust;
The purpose for which the property is subject to the Trust is held (ie, the current purpose rather than the original purpose);
The welfare of any minor who occupies or might reasonably be expected to occupy any land subject to the Trust as his home and;
The interests of any secured creditor of any beneficiary and the circumstances and wishes of any beneficiaries of full age and entitled to an interest in possession in the property subject to the Trust (or in case of dispute) of the majority (according to the veil of their combined interests).
I wish you all the best
Kind Regards
Caroline
Customer: replied 1 year ago.
Thankyou you have been most helpful
Julie
Expert:  ukfamilysolicitor replied 1 year ago.
You are very welcome - I wish you all the best of luck
Kind regards
Caroline