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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34910
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I am presently in a property dispute with my ex. partner whom

Customer Question

I am presently in a property dispute with my ex. partner whom I was never legally married to . the house was bought through an offshore company by me.

I rented the property of my own offshore company.

Our relationship has broken down when I found out she was been unfaithful and I want her out ( we have two young children ( 6&4).

The tenancy expired Sect.21 was served she is challenging and saying the company is mind, I'm behind it and that the property was bought for her.

She was not working when proceedings commenced and got legal aid.

She now works part -time , two days a week.

My question is on what grounds can her legal aid be stopped ?

If I obtain a Senior Councils opinion , and if the opinion says that realistically she has no prospect of winning then would that stop her legal aid ?

Are there any other grounds I could stop her legal aid ?
Submitted: 5 years ago.
Category: Family Law
Expert:  Clare replied 5 years ago.
Thanks for using JustAnswer. My name is Claire, I will do whatever I can to answer your question.
If you are indeed the real owner of the property then it is likely that your ex will be successful in making an application under Schedule 1 of the Children Act for the right to remain in the property until the youngest child is 18.
I am afraid that no matter what YOUR barrister says it is what the barrister instructed by her solicitor says that will determine whether or not your ex retains her Legal Aid.
Assuming that she is financially eligible then I am afraid that there is nothing you can do to force the withdrawal of the funding
Customer: replied 5 years ago.

On the frst point where you say that it is likely that she could remain in the property until the youngest is 18.


Does this apply even if we are not legally married ?


As for the property it is legally the Panamanian Companies and the Company is owed by a Panamanian foundation.


My name does not appear anywhere.

Customer: replied 5 years ago.

Sorry couple of points :


- she was having an affair with a 23 year heroin dealer and I have an email from her that proves that. She was allowing him in the house while the children were upstairs sleeping. He lives across the road from her.


I have offered to rent a property for her in the same community and to pay the next four years rent when the youngest child is 8 and then she could go out to work.


Expert:  Clare replied 5 years ago.
Yes this applies even though you are not married.
The issue will be if your ex can prove the connection between you and the company.
You have not said what other assets you have but you need to be aware that if you have some then they will be at risk even if you protect this property
Customer: replied 5 years ago.

I have another wife who is married legally to me since 1983 we have five grown up children


The other assets are in a Ltd companies name, she is the director and shareholder.


The other Ltd. Company my son is a director and shareholder.


I have never been the director or shareholder to either company.


i personally do not have any assets.

Expert:  Clare replied 5 years ago.
None of this changes the advice that I gave I am afraid - if she can prove the account that you originally gave then you will have a problem