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Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 33953
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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Can I claim for house if my name is XXXXX XXXXX the deeds?I am

Customer Question

Can I claim for house if my name is XXXXX XXXXX the deeds? I am legally seperated from my ex husband since May 2013 but I want to make claim of the property ex partner is residing? All my children are in care of the LA?


Hi


 My ex bought two properties by cash used his younger brother name to purchase onn the deeds  who is a over stayer in this country.


Ex had made a power of attorney stating by his brother signed legal binded document  the solicitor  that my ex to deal with his finances and properties as a
many as he has in the uk.


Can I still make a claim on both properties ex contributed all huis money his money but used his brothers name to purchase the houses?


Many Thanks


Second email questions waiting for your reply

Asma

Submitted: 3 years ago.
Category: Property Law
Expert:  Clare replied 3 years ago.
HI Asma
Thank you for your question - I shall do my best to help you
To be certain when you say ex partner and ex husband you are talking about the same person
Clare
Customer: replied 3 years ago.
Sorry Clare, Ex husband the Childers father!
Asma
Expert:  Clare replied 3 years ago.
Hi
Who owned the house that you lived in?
Clare
Customer: replied 3 years ago.
Hi clare We lived in a housing association property with the six children.My sole name was on tenancy agreement. I did not know when ex husband bought the houses I only knew after we had legally separated May 13?
Asma
Expert:  Clare replied 3 years ago.
Hi
Where did the money come from?
Clare
Customer: replied 3 years ago.
Hi clare,
Financial abuse by ex husband he used force me and take money of the children's benefits the LA were aware of the abuse. after the money I spent on the children food,clothing bills, toys any money that was left he used verbally abuse me and threaten me to give him money otherwise he would not support with caring for the children.also money from his friends and family and he used to work he never told me he worked.
Asma
Expert:  Clare replied 3 years ago.
Hi
If you can prove that he did indeed purchase the properties even though they are held in his brother's name then you will be able to make a claim on them within the financial side of the Divorce proceedings
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 33953
Experience: I have been a solicitor in High Street Practise since 1985 with a wide general experience.
Clare and other Property Law Specialists are ready to help you
Customer: replied 3 years ago.
Thank you clare I will ask. Ex husband drawn up a power of attorney signed by his brother that ex husband to deal with any of his boryhers financial assets but it was ex husbands money not his brother, his brother is an over stayer since 2001.
How long does the financial side of the Divorce proceeding take?
Also can his brother be called in court if ex husband disputes that he made financial but used his brothers name?
Also while claim is ongoing can divorce take place and can I remarry my new partner?
By remarrying will this affect the financial claim I make?
Asma
Customer: replied 3 years ago.
Hi clare would I be eligible for Legal Aid for divorce under the category of Domestic Vilolence?
Asma
Expert:  Clare replied 3 years ago.
Hi
It is certainly worth applying
Clare
Customer: replied 3 years ago.
How much rights would ex husband have if power of attorney he has?
Asma
Expert:  Clare replied 3 years ago.
Hi
That is not relevant to the issue of his claim on the properties
Clare
Customer: replied 3 years ago.
Hi Clare, what are the chances of myself to be successful of the claim? If I can prove to court ex husband purchased then he refuses to make financial settlement what would happen?
Asma
Expert:  Clare replied 3 years ago.
Hi
There is an excellent chance of your being successful if you can show that he provided the money for the properties
Clare
Customer: replied 3 years ago.
Hi Clare, if my ex has Assets in uk or a abroad do I still have right to claim?
Thank you
Asma
Expert:  Clare replied 3 years ago.
Hi
Yes indeed you do
Clare
Customer: replied 3 years ago.
Hi Clare, The solicitor will write letter to ex husband regarding the divorce and also he is not allowed to property that's in is sole name only. It will be difficult to prove that ex put in a significant contribution in both properties that he used his brother's name.
But by making the power of attorney for him to handle his brothers finances does this not show that ex husband that he has part in purchasing the house?
If I give evidence that he used his brother name so ex could continue claiming benefits and also working or keep those property hidden from me?
Thank you
Asma
Customer: replied 3 years ago.
Hi clare waiting for your reply thank you
Asma
Expert:  Clare replied 3 years ago.
Hi
All you can do is give the solicitor all the information that you have
The rest will be up to the Judge
Clare
Customer: replied 3 years ago.
Hi clare, because all my children are in care will the claim affect the children? Will the children be entitled to the claim I make?
Thank you
Asma
Expert:  Clare replied 3 years ago.
Hi
It has nothing to do with the children
Clare

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