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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 24626
Experience:  Senior Partner at Berkson Wallace
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I am from the UK. GU20 area, Surrey. In 2008 I invested into

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Hi Pearl,
JA: Where is this? It matters because laws vary by location.
Customer: Hi Pearl, I am from the UK. GU20 area, Surrey.
JA: What steps have you taken so far?
Customer: In 2008 I invested into a property. My then Partner who has a mortgage on the house and still does until September 2023 signed an Agreement on the basis of a 50/50 equity share following my initial investment in that should the eventuality rise I need my money back this wouldn't be a problem. He has decided that he no longer wants me in the property, I have been staying with a friend in the hope he would relent but he is now saying that I won't get a singe penny from my investment back. I can no longer stay with my friend and find myself homeless. He absolutely refuses to let me reside back in the house I have been living in for almost 15 years. This is mainly due to his current girlfriend! I have to ask him for anything I need in the way of my belongings. The property and garden contains all my furniture etc. The Agreement was drawn up on a legal basis. The Charge on the property was lodged. I have a Tenants in Common and my name is ***** ***** Deed of Trust. It is not on the mortgage. I don't know where to turn as I am currently unemployed due to physical and mental health problems.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I think that is the basics of everything. Thank you

Hello. Thank you for the question. It is my pleasure to assist your with this today.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

Do you wish to move back if he was removed or force the sale of property?

how long have you been out of the property?

Stuart J and other Law Specialists are ready to help you
Customer: replied 20 days ago.
Hi Stuart, thank you for your quick response. I am actually scared of him, his behaviour has been erratic and he has threatened to smash everything up if I try to move back or force the sale. Reluctantly I feel I have no choice but to force the sale.
I was arrested (for a crime I did not commit in September 2019) When I returned his girlfriend had been and still is residing there part time. I decided to move in with my then boyfriend but unfortunately that didn’t work out. Up until May this year he didn’t have a problem with me moving back in as he knew I had never moved out permanently as I was returning weekly for items of clothing etc I said all along that my relationship was at a very early stage and if it didn’t work I’ll be back which would then mean his girlfriend wouldn’t be able to stay. There was absolutely no problem with this until around May. He has threatened to call the Police if I turn up and is refusing me further entry.Sorry for the delay I am trying to type this on an iPhone!He has told me to go and get a Council property as he owes me nothing.
Customer: replied 20 days ago.
Can you please contact me tomorrow afternoon Stuart as I will be out shortly.

I’m afraid that someone else has picked up the telephone call and I can’t make it to you unless customer services transfer it to me.  You would need to contact customer services to ask them to do that.

Try this link: http://ww2.justanswer.com/help

or this one

***@******.***

Meanwhile, let me answer as far as I am able.

He is wrong if he thinks that you have no interest in this.  Very wrong.

You have a large financial interest regardless of the deed of trust and even to the extent when you can force a sale of the property.

No one can be compelled to continue to own/have money in a property which they no longer wish to own ( or in which they have a financial interest but not named on the deeds) and they are able to force a sale through the courts if necessary.

It doesn’t matter that you are not on the deeds all the mortgage.

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.

The wording of the application is along the following lines:

Therefore the claimant makes a claim pursuant to s.14 Trusts and Land and Appointment of Trustees Act 1966 (TOLATA) pursuant to Part 8, for the following

i   A declaration that the Claimant and Defendant are 50:50 beneficial owners of the property, (or whatever percentage a claimant is looking at depending on whether there is a declaration of trust, it’s tenants in common in different shares or depending on any financial input into the property if the property is only one name.)

ii  That the property be sold:

iii That there be an adjustment of the financial shares to account for the additional money spent by the Claimant in excess of the agreed £20,000 project fund, the council tax, electricity and occupation rent for the period of time the Defendant has enjoyed sole use of the Property.

iiii Costs

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.

It is often the case  that a robustly worded letter from a/your solicitor threatening a court application and an application for costs, may resolve the issue without the need to go as far as court.

On your house insurance you may have legal expenses cover that would pay for the legal cost so it’s worthwhile checking.  Some do and some don't.

It is often the case  that a robustly worded letter from a/your solicitor threatening a court application and an application for costs, may resolve the issue without the need to go as far as court.

On your house insurance you may have legal expenses cover that would pay for the legal cost so it’s worthwhile checking.  Some do and some don't.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Customer: replied 20 days ago.
Thank you very much for your help Stuart.I have been in touch with Justanswer requesting they direct the phone call to you. I am waiting to hear.In the meantime perhaps you can help me with the following :The Deed of Trust states that the property shall be used solely by the First and the Second Parties as a permanent residence for themselves.
He therefore has no legal right to stop me residing in the property or preventing me from entering, however that is exactly what he is doing.The Deed of Trust states that ‘I’ as the Second Party shall not invite any Third Party to cohabit in the said property without the consent of the First Party.
Nothing states that he can’t do the same!
Is there any restriction I can have placed to prevent his girlfriend from residing at the property at the weekends or whenever.
I have my own separate bathroom and dressing room which she is now using and is a complete cheek frankly. He has removed all my personal items from my bathroom and dressing room to make it hers.
He has also started using the dressing room for his clothing squashing all my expensive clothes to one end. I had paid for an expensive lock on the door so whenever I was away I knew everything would be safe and secure. He has taken the keys and won’t give them back. He is refusing to take his clothing out of my dressing room and I don’t know what to do about it. I really need help with all of this.I don’t like confrontation at the best of times but due to the trauma over the past two years I do not feel as strong mentally or emotionally as I used to. I am struggling health wise and find it difficult to get through each day as it is without having to contend with this on top.What can I do to assist me entering my property as well as following me around the house without him acting like Rumolestiltskin every time I go round. My anxiety is through the floor.He has also bundled all my objects I.e. ornaments some furniture etc into my bedroom as well as using it as a storage unit for someone else’s possessions. He refuses to move them.He had no right to change the house whilst I was ‘away’.
It looks an absolute mess and I find incredibly upsetting. It was my pride and joy.
My bedroom looks like a junk room/storage unit!
Can I hire a storage unit remove everything and charge back the costs once the property is sold?He has threatened to smash everything which I am terrified he will. The majority of my furniture is expensive bespoke or designer. Items that are irreplaceable. I obviously have no idea what I will do with them eventually!As I am signed off work can I get Legal Aid?The house Insurance would be under his name not mine.Every bit of help appreciated.Apologies for waffling on?Many thanks for al your help with this.Kind regards
Debbie.
Customer: replied 19 days ago.
Hi StuartRather than selling the property what would your advice be on equity release so I get paid out and he continues living in the house.?
He has a £300,000 mortgage interest only with 2 years left September 2023
Chelsea Building Society have refused him a continued mortgage due to him having problems keeping up payments.Even if he were able to have equity release I assume it would fall short of a current market valuation which currently stands at £750,000.I wouldn’t like to see anyone homeless which we both will be upon sale. However he hasn’t cared at all that I am!!I look forward to hearing from you.Kind regards
Debbie

I am still waiting for them to let me have details.  I shall chase it.  It will close the thread but that’s just the way the system works.  It will reopen.  Then I can call you.

Meanwhile…………..

You are correct there is no right to stop you residing in the property or prevent you from entering and you can actually make an application to court to compel him to let you in

whatever reason, it seems that he is allowed to have his girlfriend live in the property but you can’t have a boyfriend.

It appears that you agreed to that.  Of course you could seek to overturn the whole deed on the basis that not only is it reasonable, you are pressured into it and you did not take legal advice on the effect of it.

He has stolen the keys which is a police matter although they will not be interested.

As you appreciate, the police are very busy catching people speeding still, dropping litter on the streets, parking on double yellow lines, treading on the cracks in the pavement, wearing an offensive smile in the street, and meeting in groups of more than six.  I don’t have a lot of faith in the police as you have probably gathered.

They will just say it’s a civil matter.

However you can add back to the court application.

The remedy is an application for an order for sale to get your money out.

By all means hire the storage container and add that cost onto your claim but I’m not convinced that you would recover it if it got to court.

Customer: replied 15 days ago.
Stuart J replies were very helpful and useful. I did pay £44 for a phone call but we were unable to connect. I have requested a refund but haven’t heard anything for last 4days!