Stuart,, you have provided guidance regarding my

Hi Stuart, sorry this is not a new question, it is a continuation of previous discussion. You were awaiting me getting all documents for you to review

Hi Stuart all documents have now been sent to youKind regardsMarcelle

Hi Stuart, I did indeed send them via app. At present I am paying £50 pm and the quote fornyou to review documents.Is there an email that I can send documents to you ?Marcelle

Is the £44 for live chat additional to the amounts paid so far?

Hi Stuart, I have just emailed the documents to you.As you will see my situation is very difficultI do hope you can helpMarcelle

Hi Stuart, I had previously detailed background, and what I am trying to achieve in previous communication to you. I have reconnected as you asked me to send all documents when I received them. I believe this thread may be attached to a new question. For completeness I attach copy of previous communication with you:Hi my name is***** have a very complex matrimonial and property issue that I am looking for support with
JA: Where are you? It matters because laws vary by location.
Customer: West Sussex Thank you
JA: What steps have you taken so far?
Customer: I have a decree nisa with my ex, ... view full
10/06/2022 01:57Stuart JStuart J Solicitor
Hello. My name is***** you for the question.It is my pleasure to assist you today.I have been in the legal profession, in High Street practice, for almost 30 years so I have wide range of experience in a great many different aspects of law.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.Although I am shown as online, I may be dealing with other people, on the telephone, or typing.Please be assured that you will receive an email once I have written a reply.Just Answer is not a chat service, it’s an email reply board and therefore sometimes it will be minutes, sometimes it may be longer, even hours or overnight.I apologise in advance if you suffer a delay.Kind regards.10/06/2022 01:59Stuart JStuart J Solicitor
So you have not proceeded to decree absolute yet? why is that?was this a court agreed financial settlement?why has he not paid this money or child maintenance?who has been paying mortgage all this time?10/06/2022 02:00Thank you Stuart that is great, it is reassuring to know someone is looking at this. I have documents which I can send to you - Marcelle
10/06/2022 02:06Stuart JStuart J Solicitor
Thank you. I would prefer not to read a load of documents at this stage but just have simple answers to the few questions I asked.You are actually hand asked a question so I don’t know what you want to know about this.You say that the mortgage is in the name of your husband but you don’t mention the title deeds. I assume that the title deeds are only in his name.You may think he’s being smart with that but he’s not because your financial interest is exactly the same whether it’s in your name, his name, or joint names.You don’t tell me the ages of your children but I assume they are under 18 in which case….Parents are under a duty to provide a home for dependent children until they reach 18 and therefore, unless there is a lot of equity in the property, sufficient to release some money to the non-resident parent AND provide a home for the resident parent aAND the children until the youngest reaches 18, it’s unlikely that the non-resident parent is going to be able to force a sale of the property.The only good news is that the party that remains in the property is responsible for the mortgage and the bills.The situation would be completely different if there were no children and it would be infinitely possible for the person wishing to sell to force a sale of the property if necessary under section 14 of the Trusts of Land Appointment of Trustees Act by applying for an “order for sale”.Dependent children, under 18, change all that. However in those circumstances the resident parent would be responsible for the mortgage and the bills not the non-resident parent although there is still the possibility of child maintenance and spousal maintenance.If the parent with residence of the children cannot afford doesn't want to live in the property because, for example, it's too big, they can always sell it and asked the court to apply the proceeds to a new house to provide a home for the children until they reach 18. Only then would it be sold.BUTA person is not responsible for the mortgage or rent or the bills of a house that they do not live in although they remain liable to the lender or landlord if the other person stays in the property and doesn’t pay the mortgage or rent.In that case, the non-occupier would be entitled to recover any mortgage or rental payments made by the non-occupier, from the occupier within the finances of the breakup of the relationship/marriage.So if this house was too big for example all you couldn’t afford it, then there is a good chance that you could get all the proceeds applied to a replacement property for you and the children to live in (assuming that the children live with you) until the youngest reaches 18.Whilst he may not have paid maintenance for your two children for over 10 years, I’m afraid that ship has now sailed because they will not normally backdate child maintenance beyond 12 months.In any event if you remain together as husband and wife, but has no liability to pay child maintenance per se. Only after you split up.

You have a mathematical’s problem here at this stage deciding who gets what and everything that you have mentioned would be taken into account and then it would be an argument to finalise that10/06/2022 07:51Stuart JStuart J Solicitor
Can I help you any further with this? It's my pleasure to help. I’m glad that I was able to help so far. Thank you for trusting Just Answer with your legal problem. I'm happy to clarify anything which is outstanding. Please don't hesitate to ask. Kind regards Stuart10/06/2022 08:14Hi Stuart, thank you , I intend to message tomorrow to provide clarity to you note, which was very useful.ki destt regardsMarcelle
10/06/2022 09:01Stuart JStuart J Solicitor
Thank you. In your own time.11/06/2022 10:54Stuart JStuart J Solicitor
Hello again. I will be online and off-line today a few times and the same again tomorrow.I look forward to hearing from you in your own time. Regards11/06/2022 11:12Hi Stuart,In answer to your 4 earlier specific questions;1. I did not proceed to decree absolute as I was concerned that I would lose my rights with regard to house being held in Trust for me and the children, as mandated by court 23/7/2013 and "matrimonial home rights under the Family Law Act" as noted in title deed.2. Yes Financial settlement was court agreed, so with regard to my husband, Richard John Harvey, I do not believe he has a Financial interest over the property, but he is named on mortgage, although I have paid it, and as Proprietor on title deeds3. With regard to payment of monies; a) my husband Richard John Harvey does not have a liability
b) my ex partner Carl Frederick Hibbert - has not paid child support for our two children, aged 8 and 13 - has not paid toward mortgage and did not pay the sums stated in the Trust established on 23/7/2013 (see below). The reason is unwillingness.4. I have paid mortgage without support from themOn your more detailed note;Mortgage - Is with Santander, it is name of my husband, Richard John Harvey. He wanted to control it. I do not have access to details, although I have paid mortgage for many years since our separationTitle Deeds - Husband RJH is noted as Proprietor. A restriction was set - " no disposition....without certification signed by CFH (my ex partner and father of our two children)...that provisions of a Trust Deed...have been complied with. Charges : "Notice of matrimonial home rights under the Family Law Act ...in favour of Marcelle Harvey"Trust Document - 23/7/13 - court ordered RJH to hold property on Trust for MH
- 12/11/13 - CFH to pay £100k and 50% of bills, and would then hold 50% interest in future net sale proceeds. However, the £100k was never paid and no child maintenance our contribution to costs of home for our children has been received from him.What I would like to achieve;1. Sell the house and purchase something for myself and the children, realising fully the net proceeds of sale for this purpose.
2. I do not believe that RJH has any financial interest- but would want that established, but understand he will need to agree to sale as he is on title deeds and mortgage
3. CFH to agree to sale as there is a restriction on the title deeds, and to relinquish any financial interest as he did not pay the £100k, or 50% of costs as stated in Restriction.
4. Finalise divorce from RJH and move all documentation to my name.I am not on speaking terms with either partyThank you for your earlier email reassuring me regarding current position of security for my children. I am now looking to ensure long term financial security for them.I hope that clarifies situationKindest regardsMarcelle Harvey
11/06/2022 11:57Stuart JStuart J Solicitor
Thank you. I haven’t seen the court order and I haven’t seen the trust deed. You would however lose your right to live in the house but just the Matrimonial Home Right ends on divorce. To my mind it should continue until the finances are sorted but for some strange reason it doesn’t. We are stuck with that.He has a legal interest in the property by virtue of being named on the deeds, but that doesn’t necessarily mean he has a beneficial/equitable/financial interest.The occupier is normally responsible for paying the mortgage within the marital finances although any capital repayment made after the split would be taken into account normally.The Child Maintenance Service will not backdate child maintenance payments beyond the date of the application. The court will not normally get involved in Child Maintenance so it’s case of making a claim through the CMS.If there is a court order for him to pay money, then it’s an application to enforce the order in any way which the court thinks fit. The court will go back as far as it likes with any arrears under a court order.Realising the full purchase price at least until the children reach 18 is a definite possibility.However if he’s unwilling it’s got to be decided by the court.

If you don’t have any further questions, I will mark this question thread as complete for now, but don’t worry, the thread stays open if anything else crops up over the course of the next days weeks or months. I’m glad that I was able to help. Thank you for trusting Just Answer with your legal problem. Kind regards Stuart11/06/2022 12:51Thanks Stuart,What would you suggest are my next steps to allow me to sell.
1.How do I get title deeds moved to my name?2. What do I need to get Carl to do to relinquish financial interest in property3. Are there documents /steps I need to undertake to achieve the objectives I summarised at the end of my last email.Your analysis has been helpful to enable me to better understand d the issues - I am hoping you can help advise on the steps I need to takeKindest regardsMarcelle
11/06/2022 01:01Hi Stuart , just thought I can send through title deeds and trust doct. If that helpsPlease let me know best next stepsMarcelle
11/06/2022 08:00Stuart JStuart J Solicitor
Going through deeds and trust documents in depth is beyond the scope of the website basic fee that you paid but I’m happy to do that for you. It depends how long it’s going to take but I charge my time at GBP125 per hour so it’s probably going to need half an hour. I will therefore submit a premium services proposal for just that.13/06/2022 10:17Hi Stuart thank you. I would like you to review the documents. I have title deeds and contract expressing 50:50 share, noting property held in Trust. It is signed by both my husband and ex partner. The decree Nisa held with Worthing Court, which I have requested a copy, details financial settlement. Should I await that so that yoy have all 3 documents?Thank you so much againMarcelle
13/06/2022 03:47Stuart JStuart J Solicitor
Wait till you have all the documents please and then come back to me. Thank you16/06/2022 12:04Hi Stuart, I have been emailing Worthing family Court, without success. I have spoken to them today, they have said it will take 15 days ...I will get all documents to you then.Thank you once againMarcelle
16/06/2022 12:37Stuart JStuart J Solicitor
You did well to get through on the telephone MarcelleNo rush, in your own time.Stuart

I hope this provides you with all the information you need and are clear as to what I am trying to achieve? In the first instance my husband, who I separated from many years ago and for which we have a decree nisa and financial settlement (sent to you) controls the mortgage that I have paid for many years on a house that the courts awarded to me as part of financial settlement. I want to gain my entitled control. I have no idea what my liability is , what the outstanding balance is and therefore I am in a very precarious position. I outlined this in the email sent to you with the attachments. Secondly, my ex partner took an interest in the property based upon commitment to provide financial compensation. Again, outlined in the documents, and in my previous explanations.In summary, I want to ensure the house is in my name, that I have autonomy over it, that I can ensure that my children's future interests are protected and that I am clear about any financial obligation should I wish to sell it.Kindest regardsMarcelle

Thanks Stuart, my comments follow;Regarding Trust Deed 12th November - Carl did not pay the £100k, nor has he paid towards the mortgage and bills at all, nor provided any child maintenance for our two children - How do I get Carl to forgo his consideration as he did not fulfil his obligation - the £100k, mortgage, bills or child maintenanceRegarding Court Order 2013 - I did pay Richard £10k - I wish to pay off the mortgage, but am disempowered, as not on deeds or any contact with Santander, although I have been paying mortgage for all of these years, as I want to protect my children's home.I live in the property with my children and have done since before 2013, I would like to sell the property, release all capital (including resolution of Carl consideration issue noted above) and buy a new home without these encumbrances for my children and myself - how do I therefore obtain a court order and establish my rights over the property regarding Santander and ownership of the property?As noted my children and I are living at the property, paying mortgage, bills etc, how do I get a court application to compel Santander to deal with me and compel Richard to transfer the property?I have no communication with him, and his whereabouts appear to be changing, I do not know of a fixed abode.I have not yet sent the court order to Santander, I do not have any details, account number etcI am glad that you do not see anything unusual, this seems incredibly complex to me and am unclear about steps to take and in what order.. Would you be able to advise precise steps I should take to firstly obtain ownership of the property from Richard, to enable me to sell if I wish, and secondly how to I clarify and reach agreement with Carl regarding his consideration (considering he did not uphold his side of the agreement).How can you assist in taking these matters forward, solicitors letter and court application?I do feel that I am becoming clearer in this matter, thank you so muchKindest regardsMarcelle