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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1086
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My mother has a restraining order against my ex stepfather-he

Customer Question

My mother has a restraining order against my ex stepfather-he was due in court to face further charges (tracking her car etc) -he fled to Vietnam and is now wanted for breaching probation and running before due to appear in court on the separate charge. We have been living in the family home and I have been paying the mortgage. We have now received a letter from a new solicitor as he wants the house sold so he can have some money-is he allowed to do this? Doesn't it breach the restraining order? Thanks, gemma
Submitted: 2 years ago.
Category: Law
Expert:  ukfamilysolicitor replied 2 years ago.
Good Morning Gemma
Welcome to Just Answer
I am a Solicitor and will assist you.
I am sorry to hear about the difficulties that you are experiencing with your step father.
You should report the letter to the police so that they can consider whether or not they consider the restraining order terms have been breached.
In respect of the aspect if him wanting to sell the house:
- if they were married then he could make a claim in respect of the matrimonial finances
- if they were in married and the house was in joint names or he paid towards the deposit or mortgage or renovated the house then he could have a claim under the trust of land act
Either way - because your mum has a restraining order - she might be able to get legal aid and a solicitor to help her. Legal aid is now only available is domestic violence evidence can be obtained and if the RO is dated within 2 years then she should take this to a legal aid solicitor so that they can assess your mums means.
In reality I am doubtful as to how a case in respect of the property could be made by him whilst he is currently 'on the run'.
Kind Regards
Caroline
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Expert:  ukfamilysolicitor replied 2 years ago.
Hello Gemma
Typo - should have been unmarried rather than 'in married'
Kind Regards
Caroline
Customer: replied 2 years ago.
Thank you Caroline. Can a wanted person be allowed representation in seeking claim on the finances when they have absconded from the police and left the country?Kind regards
Gemma
Expert:  ukfamilysolicitor replied 2 years ago.
Hi Gemma
Can I ask - where they married?
Kind Regards
Caroline
Customer: replied 2 years ago.
Yes they were, she is now divorced. And was given a five year restraining order against him. Before he was due to appear in court on further charges due to placing trackers in her car and for breaching his restraining order, he ran off to vietnam. He took out loans and credit cards while not working, took the money and ran. We moved in so my mum didn't lose the house and took over all bills. The only thing not in our name is ***** ***** But we pay my mum each month for it. Legal aid refused to help and she took half of the overdraft to stop him from doing it (he already was taking money) and as it's joint, she was liable for half. I just can't understand that it appears he has all these rights when he is wanted and left my mum in a right mess financially.Thanks for the help
Kind regards
Gemma
Expert:  ukfamilysolicitor replied 2 years ago.
Thank you for confirming that for me. Did they not deal with the matrimonial finances when they got divorced ?
Kind regards
Caroline
Customer: replied 2 years ago.
He ran before they could do anything. He signed with the estate agents to say it could go on the market but then left in feb. He wouldn't be able to sign any contracts as we have no address for him. Surely absconding would denounce any rights? The nisi was agreed jan and she got her absolute after he left. He was planning on leaving before and was starting to put his cash together with loans etc-she had to leave the house November and stayed at my nans till march when we all moved in to stop her from losing her home. He wasn't willing to discuss the finances amicably and while he was living here auctioned off a lot of stuff without our knowledge. It's a complicated case but thankfully he is out of our lives.Thanks
Gemma
Expert:  ukfamilysolicitor replied 2 years ago.
Hello Gemma
Being on the run doesn't mean that he looses his right to make a claim.
Whilst he can still make a claim he is really is going to struggle at the present time whilst being on the run.
The start of the process for matrimonial finances is full and frank disclosure of all assets and liabilities - he will need to disclose his current position including his bank statements etc - which is going to give away his location so I doubt he will do this.
Your mother should simply not agree to sell the house at all without him going through the full process and definitely not til an agreement has been reached and this has formally been approved by the court or a court order obtained. If the house is sold without an order than he could still try and make a claim in the future. So tell your mum to hold her ground - if he wants to deal with the finances then he will have to go through the full process which I doubt he will do as he will have to engage and this means full disclosure and attending at court - which is doubtful given his current position.
Kind Regards
Caroline
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Customer: replied 2 years ago.
Thank you for your time. Much appreciated.Kind regards
Gemma
Expert:  ukfamilysolicitor replied 2 years ago.
Your very welcome Gemma
I wish you all the best