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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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The Judge sitting on the tax bench of HRM court and who is

Customer Question

The Judge sitting on the tax bench of HRM court and who is the personal friend/ tax adviser of my husband for over 25 years has bought our matrimonial home from my husband without my consent, behind my back 2 years ago. And now is serving me and my 2 year old son a notice of Possession.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name us Clare

I shall do my best to help you but I need some further information first

Are you and your husband still together?

Customer: replied 1 year ago.
Hi Clare,
No, we are separated.
Expert:  Clare replied 1 year ago.

Have you started divorce proceedings?

Customer: replied 1 year ago.
Expert:  Clare replied 1 year ago.

What form of Notice have you been given?

Customer: replied 1 year ago.
Because my name is ***** ***** the tenancy agreement, I wasn't directly served the papers. My husband was given "by hand" The Notice Requiring Possession of the property. They claim that I'm trespassing whereas I believe that I am the occupier with the override interest. Could you please advise me what to do please?
Expert:  Clare replied 1 year ago.


You cannot be evicted without being personally served.

What explanation has your husband given for the sale of the property?

Customer: replied 1 year ago.
He basically said that I had nothing to do with his decision to sell the property. It was his decision at a time and it's none of my business as the money he bought the property with were made long before we met and got married. We were married for 15 years now. And I was looking after our home as normal housewives would for all these years while he was constantly travelling abroad for business purposes. In my view it's a clandestine deal between my husband and his personal Tax Adviser, friend, behind my back.