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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33325
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I was thrown out of my home even though i had a statement of

Customer Question

i was thrown out of my home even though i had a statement of trust and a land registry restriction saying my ex girlfriend coudnt sell my home without my written consent,
i bought the house but used my girlfriends name on the deeds only hense getting the statement of trust done,the lawyer who wrote it up clearly stated that i had done this due to a tax problem ie bancruptcy but i was found to be solvent,my girlfriend left me when my sons were 16 and eighteen and said and i got a letter saying she new it was my house and she wanted her name of it ,i had a breakdown when she left but still carried on paying the mortgage etc since i checked under the1998 trustees act and they cannot throw me out as
i clearly showed my interest in the home as a trustee
since then i have been to court on at least three occasions and proved my point at these hearings,,every time her lawyer lied in court over who paid and the agreement i had with my girlfriend
now i have been evicted in august and am now living in a hostel awaiting the sale which
has been put in her hands only ,but she isnt letting me no whats happening about the sale,i believe and have been told they have done this because her lawyer hasent been paid,
i feel my human rights have been abused what can i do i have witnesses and paperwork etc to show what has hapened
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information first.How are the proceeds of sale going to be divided between you?
Customer: replied 1 year ago.
There's meant to be a sale going through but her lawyer hasn't given over any answers I've asked again today conveyancing lawyer to ask what's happening and to ask what's going on but the courts original judgement has been changed to show I am meant to get my deposit back ie 58000 but it has been changed so that I cover her lawyers fee and all costs
My ex girlfriend lied in court saying she bought the house but she was put on the stand and admitted to the judge every thing I said thatI paid for the house and confirmed that we had agreed to statement of trust as we decided so I don't feel I should be paying for her lawyer and a lawyer told me they were only doing this because my patner cannot pay her lawyer but she again is lying as her mum died and she will inherited one quarter of the sale about 50000 so why am I being railroaded like this
I am a freelance builder and worked from the home I bought so where's my rights
What was the point of statement of trust land registry etc
Please help
Expert:  Clare replied 1 year ago.
Hi
What did the Declaration of Trust actually say?
Clare
Customer: replied 1 year ago.
Declaration of trust said that on the sale of property she pays mortgage back of 108000 and me my 58000 pounds but the judge has chane
The terms of the order so that I have to pay all costs and that's not right by law the costs should at the worst be shared but in court she lied and was caught out and still nothing was done andthe judge still changed the order and made out that an apeal order had been received and refused when in fact this was not the case and I have been railroaded all the way through
My conveyancing lawyer has said the sale should be completed in the next few days but what can I do next for my justice and I have asked
For my tools and furniture in the home to be released to me
So at 52 years old how do I start again as I will be lucky to receive any of my money and none of this should have been done as she could have just told the mortgage to swop over to my name as I could show all the payments etc and it was an interest only mortgage
and the land registry shows she needs my written consent to sell the home and she has sold the house for less than what it was worth at least 15000 less than the market price how can this happen
Why was the statement of trust and land registry allowed to be altered
When it's clearly against the 1998 trustees act
And how do I get justice now
Expert:  Clare replied 1 year ago.
Do under the Terms of the Declaration of Trust you were to receive £58,000 from the proceeds of sale, and the Court has ordered the same thing.Do you have a copy of the final Order?
Customer: replied 11 months ago.
I've just been told the property has exchanged and will complete on the 23rd
The statement of trust states I get my 58000 back but I've been robbed of my home that I paid for
I believe the judge has acted illegally I'm now homeless
What do I need to do to get justice
Expert:  Clare replied 11 months ago.
Who is living in the property at the moment?
Customer: replied 11 months ago.
No one I was until I was evicted
My partner left the property three years ago
Expert:  Clare replied 11 months ago.
How much is the property on the market for?
Customer: replied 11 months ago.
I don't no as I have been kept out of the sale which is again an abuse
Of my rights again
Expert:  Clare replied 11 months ago.
May I ask why you did not buy her out - or get a mortgage in your name to release her?
Customer: replied 11 months ago.
She was not responding at the time and I had a breakdown because she turned my grown up sons against me as well which broke my heart
Expert:  Clare replied 11 months ago.
Why were your belongings left in the property - were you not given time to move out?
Customer: replied 11 months ago.
I did not have any spare money or help or time to rearrange. Moving my belongings I worked from home as a self employed builder for many years and then I got I'll with depression when my partner left and turned my sons against me then her it received a letter from her solicitor saying house was mine she didn't want anything from me as we had agreed in statement of trust and land registry then a year later her mother died then she started saying she bought house I asked a local lawyer what was going on and was told her lawyer needed paying and was forcing a sale so he could be paid even though I proved it was my house so have I got a case
Expert:  Clare replied 11 months ago.
Hi
I am sorry - I do understand what you are telling me - but the fact is that the mortgage was in her name and she was entitled to have her name removed by way of a sale if necessary.
Your ex could not simply "swop" the mortgage over - you had to apply for one in your own right
I gather that you were not able to raise your own mortgage to release her and that that is why you remained in the house, but the Court was never going to allow that position to stand
That is why she applied to the court
Your contribution was acknowledged and you will receive your monies.
I am afraid that you are having to pay the costs because you did not either remortgage or move out when she asked you to - nor did you arrange a sale of the property.
I am sorry but sadly whet the court has done is not illegal -and if you had had better advice at the start you would have been in a much better place now as you could have had control over the process
Clare

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