Hello Matt, it doesn't say anything in particular at the top right, the top line reads;- THIS DEED OF TRUST is made the day of 2002
Thanks Matt, I can give you much more of the information contained within the document, names etc. if its of any use. Also I am not on the deeds of the property nor on the mortgage, hence the deed of trust.
Ok Matt thanks for that I will look into the Land Registry and the SRA. My ex and I have agreed that this document is the basis of our property ownership share but in these circumstances I thought it prudent to seek out the originals. Actually I remember some time ago my sister did a Land Registry search for me and I didn't turn up with regard to our property or anything else. Are not documents such as a deed of trust not something that transcend time and retired solicitors etc. and remain accessible in some repository for legal documents under a registered Title No ESX7961 rather than just disappearing into the ether. Why can't access be made through the registered Title number? Where is it registered to?
thanks Matt, the restrictions in the documents preclude any sale in whole or part of a share and cannot be undertaken without express written permission by either party and must be offered to the other first However the deed doesn't refer to either party being able to let the property and her letting the property out from under us is what I'm primarily worried about. I don't think she would be able to let the property as she does not have vacant possession as I'm here with the kids as primary carer and also to be able to let without permission would be inconsistent with being unable to sell, based on the same principles?
This situation then would seem to give an excuse to rent out the property without let nor hindrance in order to pay the mortgage (not necessary as the mortgage repayments on interest only are, paltry) and at the same device render me homeless (having no say under the "beneficial/equitable" position) then remove the kids to her new property citing my homelessness as a good reason to deny my parental rights/responsibilities, a very cunning plan indeed and typical of the planner!! Could I be "removed" under these circumstances? Say by a bailiff or some similar?
This is fantastic stuff Matt thank-you. I have to go now as the family are about to descend from Spain, I hope to finish this off with you from next Tuesday onward, thanks again, regards ***** *****