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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 16932
Experience:  I have been practising for 30 years.
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I need to establish an interest in the property I have been

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I need to establish an interest in the property I have been living in with my ex partner for the last 13 years that I invested £100K in buyt my name is ***** ***** the deeds
JA: What steps have you taken? Have you filed any papers in family court?
Customer: None at the moment
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: I am in London SE25
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No thanks

Welcome to Just Answer.

I will be happy to assist with your question today. I need some time to consider this and compose a response. There is NO need to wait online because you will get an email when I respond. Sometimes it will be minutes, sometimes longer.

I apologise for any unavoidable delay, but rest assured I have not forgotten your question.

did you put your financial input into a deed of trust?

are you joint or tenants in common?

have you left the property?

Customer: replied 7 days ago.
Thanks for your prompt response. I did not put my financial input into a Deed of Trust. I don't think the tenant status was every established . My father has asked me to live in Spain to look after him so I need to leave.

Thank you for the extra information. Presumably your ex partner is not about to put you on the deeds.

It depends whether you want to force a sale of the property or not.

No one can be compelled to continue to own a property or have a financial interest in the property which they no longer wish to own and they are able to force a sale through the courts if necessary.

The remedy is to make an application to court for an order for sale under section 14 of the Trusts of Land Appointment of Trustees Act (the Act).

Anyone wishing to sell may find that a strongly worded letter from a solicitor threatening a court application and an application for costs, may focus the mind without actually having the need to get to court.

Check house insurance to see if there is legal expenses cover that would pay for the legal cost of taking the matter to court.

If I were advising anyone who has received a letter threatening an application to court under the Act and an application for legal costs, I would tell them to get the agents sign up immediately and cooperate with the sale because if they make the court application, they are likely to get it and they are likely to get costs awarded against them.

You can deal with this by way of a restriction against the property register provided you can prove your financial input which for such a large amount of money when it was purchased, there would be a paper trail.

Even better still is to have a legal charge against the property but if the owner of the property will not agree, and it’s a case of going to the County Court, getting a judgement against the money and then getting a charging order against the property.

Or alternatively force a sale.

Really comes down to whether you want your money out or whether you just want to secure it.

If you don’t want your money out what you want to secure it, I would suggest that you said that either you got a legal charge against the property or you will force your ex to sell it to repay your contributions.

I am glad to help.

Hopefully, I have answered your query in a way that is simple and easy to understand.

I would be more than happy to clarify anything else for you. In the meantime, thank you once again for using our services.

Please note that my answer is based strictly on the information that you have given me. If you have not given me all the information, then my answer may be incomplete or wrong.

I am happy to answer any specific points arising from this.

If you still need any points clarifying, I will be happy to reply because the thread does not close. In fact, it remains open indefinitely.

I am always happy to answer any questions you have if you start your question with, “ For FES only”

Thank you.

Best wishes.

FES

Customer: replied 7 days ago.
Thank you for your helpful response. I am under the impression that if I leave I will not be allowed to return which makes me think I need to try and force a sale to get some money back as the property has increased in value and I have made further investments like changing the windows and doors.

You actually don’t have the right to live there in the first place! So you are no worse off whether you leave or not.

You have a financial interest, a substantial financial interest but that doesn’t confer upon you the right to live in the property.

It really is a case of your ex-partner paying you or if you are happy to wait, giving you a charge against the property or if not and you want it now, making an application for an order for sale which I mentioned earlier.

All the improvements and investments that you have made need to be taken into account.

I am glad to help.

Customer: replied 7 days ago.
Many thanks for another helpful response, how do I proceed to make an application for sale please?

Unless you have experience of doing this, it is not really a do it yourself job although there is no reason why you cannot DIY.

It is a Civil Procedure Rules part 8 application using this form: https://www.gov.uk/government/publications/form-n208-claim-form-cpr-part-8

which as you see is mostly blank.

You would need to also attach a draft order that you are applying for and a witness statement in this format:

Here is the form of witness statements.

https://www.justice.gov.uk/courts/procedure-rules/civil/standard-directions/general/witness-statements

Please note that unless they have updated it, the statement of truth on the government website is wrong and this is the format it should be:

https://parissmith.co.uk/blog/guidance-signing-statement-of-truth/

You may find that a solicitors letter threatening all of this removes the need to go to court.

Customer: replied 7 days ago.
Thanks again for another useful reply, I don't think the DIY process is for me as I had a very bad experience in an employment tribunal where the Union hung me out to dry within a couple of weeks of my trial, Presumably that means I need to find and pay someone to help me. Are you able to offer any advice on a good place to start please?

I’m afraid that we are specifically not allowed to take instructions from here.

If the site were to be a source of potential clients, we would no longer be independent because we would have an interest in pursuing litigation. With no interest in pursuing litigation, we can be really objective with our view is to whether something has a good chance or a limited chance of success.

In any event, for logistical reasons you would be better using a local solicitor .

F E Smith and other Law Specialists are ready to help you
Customer: replied 7 days ago.
Thank you Mr Smith that is a good place to start and I appreciate all the advice and details that you have provided me with. Kind regards ***** ***** safe Marjorie

Thank you for the kind words. I hope you get it sorted. Kind regards

Customer: replied 7 days ago.
Thank you that is much appreciated!

No problem. Glad to help. I hope you get it sorted. Please don’t reply as a matter of course otherwise your response puts the question back to my in box because it thinks that you are waiting :-). Thank you