How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Harris Your Own Question
Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2732
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
90234221
Type Your Law Question Here...
Harris is online now

Section 14 Trust of Land ActI divorced over two years ago.

Resolved Question:

Section 14 Trust of Land ActI divorced over two years ago. I have two children (now aged 10 and 8) with my former wife who live with her in our former marital home. My ex- wife remarried two years ago and her husband lives with her too. We did not make a financial settlement when we divorced and my ex-wife has continued to refuse to agree a Consent Order I drafted that provided for a 50/50 split in equity. I believe she is considering applying under the Trust of Land Act to gain a larger proportion.I bought the flat in (2006), one year after we married. The flat and mortgage are in my name alone. I paid the deposit and have met all the mortgage payments to date. Even since her re-marriage in April 2014 I have continued to pay the mortgage with no support from her or her husband. In addition I pay the ground rent and the annual maintenance charges.I now have two young children with my partner and we live in rented accommodation.I think 50/50 is a fair settlement as although she have never contributed financially we were married and agreed that she would be a stay at home mother. Also I do wonder if my share should actually be higher given that I have been paying the mortgage etc for the past two years after she re-married. It makes sense to me (though perhaps not legally) that her beneficial interest ended when she re-married?I'm seeking your view of the likely outcome of an application under S14 of the Trust of Land Act. Please only reply if you have real case experience in this area of law.Regards
Owen
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Pease confirm what the arrangements are for the children to be with you and if there are any other properties or assets that either of you have.Notably, as the former matrimonial home is in your sole name and you have divorced she no longer has any matrimonial home rights, therefore no rights to remain in the property. She would be able to pursue either a TOLATA claim as you have stated, but she will need to demonstrate that she has an interest in the property. She sould also be able yo pursue an application under the Children Act for housing to be provided for the benefit of the children. Please confirm the above details and i will assist further.
Customer: replied 1 year ago.
Hi Harris,Until late last year I had staying access to my children averaging 2 nights a week. This was stopped by my ex wife (when my partner moved in with me) and I am currently going to court to get this reinstated -I already have an interim order from the prelim hearing granting 1 night a fortnight. I expect the 2 nights per week access or similar to be reinstated in May.I understand that technically she has no right to remain in the property but I'm naturally reluctant to take measures to force an eviction.We have no other properties or assets.
Expert:  Harris replied 1 year ago.
Thank you for confirming. As there are no other assets if she were to pursue either application, she has good prospects of success - especially if pursued under the Children Act.In relation to a claim under TOLATA, this is a civil claim and she needs to demonstrate that she has an interest in the property in order to be successful - if this claim is successful the court will grant her an interest in the property.In relation to a claim under the Children Act, she will need to demonstrate that she requires suitable housing, and financial support, for the children if she is unable to provide this herself. The court, if it agrees that she requires housing for the children, will hold the property on trust for the benefit of the children until the children reach a certain age (eg. finish education), after which property would revert back to you. In my opinion you should not be liable to continue funding the mortgage and the other outgoings (are you also paying child maintenance in addition to this?). She has remarried and her husband should be financially supporting her, if she is not able to finance herself. In any event, both children are, or should be, at school, and there is no reason why she cannot work (if she is not) and maximise her earning potential.At this time, your only liability to provide financial support is child maintenance which is in relation to your gross income, how often on average the children stay with you a week, and a deduction is made as you have two children in your care - if you provide your gross income I can inform you what your legal liability for child maintenance is.Please provide a positive rating if you have found this information helpful so far. I will not be credited for answering your question without a positive rating. Thank you
Harris and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks, ***** ***** point please. I'm happy for them to stay there until the children are older but can she use the Children's Act to force a sale of the flat?
Expert:  Harris replied 1 year ago.
No, an application under the Children Act is in order to provide housing for the children not a sale of the property
Customer: replied 1 year ago.
Thanks for you help
Expert:  Harris replied 1 year ago.
Hope it goes well - if you have any further question in the future you can ask for me directly by starting your question For Harris