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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 27307
Experience:  Senior Partner at Berkson Wallace
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Stuart,, you have provided guidance regarding my

Customer Question

Hi Stuart, I am Marcelle Harvey, you have provided guidance regarding my matrimonial/property issues, we last communicated on 16th June, I was seeking financial settlement statement from Worthing Court, which has taken until now to obtain.I am now in a position to provide all the documents I have, which I attach.I have been paying the £50 monthly membership and today paid the fee requested to review the documents.The key issues for me are;1. I have continued to pay the mortgage for many years, although it is in my husband name, we separated many years ago. He will not allow me access to mortgage details so I cannot discuss with Santander, I do not know what my monthly payments should be, whether I am in arrears etc. Hi continues to do this as a means of control2. The General Form of Order - Ancillary Relief obtained from Worthing Family Court transfers beneficial ownership of property to me when mortgage is paid or when Santander agree to transfer. Richard has retained control of mortgage not allowing me access which has prevented me from progressing either approach.The other points I raised earlier complicate matters further.I attach all documents discussed to date, and very much hope you can advise and supportKindest regardsMarcelle
Submitted: 11 days ago.
Category: Law
Expert:  Stuart J replied 11 days ago.

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.

Expert:  Stuart J replied 11 days ago.

Before I answer you fully can you tell me what he is trying to get out of doing this?

Customer: replied 11 days ago.
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
Expert:  Stuart J replied 11 days ago.

Thank you. In your own time.

Customer: replied 11 days ago.
Hi Stuart all documents have now been sent to youKind regardsMarcelle
Expert:  Stuart J replied 11 days ago.

Hello Marcelle.

I don’t know where you sent the documents but if you replied to 1 of the notification emails that you received from Just Answer they will have disappeared into a black hole. You need to attach them on here please.

Customer: replied 11 days ago.
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
Customer: replied 10 days ago.
Is the £44 for live chat additional to the amounts paid so far?
Expert:  Stuart J replied 10 days ago.

For the subscription that you pay, you get unlimited questions. There is no minimum period. Cancel at any time. If you have any queries about that, Customer Services no more about it than I do because I don’t deal with any of that, I just answer questions.

A telephone call is indeed extra. Sorry.

Send the documents to my personal email will be quicker. You will need to add the formatting but please note I cannot respond from the email address it purely for the receipt of documents.

Customerat yahoo co uk

I don’t monitor that email so you would need to post on here when you have sent the documents and I will go in and collect. Thank you

Expert:  Stuart J replied 10 days ago.

No docs here yet

Customer: replied 10 days ago.
Hi Stuart, I have just emailed the documents to you.As you will see my situation is very difficultI do hope you can helpMarcelle
Expert:  Stuart J replied 10 days ago.

Thank you. I have them now. What exactly is it that you’re trying to do here?

Customer: replied 9 days ago.
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.
Customer: replied 9 days ago.
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.
Customer: replied 9 days ago.
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
Customer: replied 9 days ago.
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
Expert:  Stuart J replied 9 days ago.
is in the name of Richard.

A court order of 23 July 2013 says that Richard holds the property on trust for you.

There is a deed of trust which dated 12 November 2013 in favour of Carl which gives him 50% in consideration of the hundred thousand pounds used for improvements.

You and Carl are to pay the mortgage and the bills equally..

In the court order of 2013 you are required to pay GBP10,000 to Richard no later than 23 April 2014.

He was supposed to transfer all his interest in the property to you so basically he sells his share to you for GBP10,000. But that only takes place if the mortgage is paid off or Santander agree.

I don’t know who is living in the property but if he will not agree to sell the property and you are happy for it to be sold then it’s an application to court for an order for sale.

If you are living in the property and you don’t want it sold, and he will not authorise Santander to speak to you to say how much mortgages outstanding to enable you to repay it and to get the property into your name, then it’s a court application to compel Santander to deal with you and to compel him to transfer the property to you (he will have to sign the transfer deed to transfer the property).

I don’t know what correspondence you are currently having with him but I would suggest that a solicitors letter may avoid the need to go to court but I wouldn’t be sending more than one solicitors letter before I make the application to compel him you access or make an application to compel Santander to simply give you the information because then you can deal with it all without him being involved in div when the mortgage is repaid he refuses to transfer the property to you, but it’s a court application to compel him to transfer it to you and costs awarded against him.

I presume that you have already sent Santander a copy of the court order and they are still refusing to let you have the information. To be frank, there is nothing here which is unusual
Expert:  Stuart J replied 9 days ago.

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

Stuart

Expert:  Stuart J replied 9 days ago.

Hello again. 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 Stuart

Customer: replied 9 days ago.
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
Expert:  Stuart J replied 9 days ago.

In respect of the trust deed, if you haven’t had the money, I don’t know why you signed it but you can argue that as the money was never paid, the trust deed is void.

With regard to child maintenance, it’s a matter of the Child maintenance Service. They will not backdate claims so you should have got that in the day you stop paying.

If Santander will not speak to you but you have to make a court application to compel them to do so. That is if they will not take the court order as sufficient evidence.

The application is not difficult, it shouldn’t be expensive, and they will not defend it. They couldn’t care less they just want to make sure that they don’t fall foul of all the various Data Protection legislation.

Start with a letter to Santander telling them that unless they let you have a redemption figure from the mortgage, you will make a court application to compel them to do so.

Then you can make arrangements to pay it off.

When it’s paid off, you can remove him from the title and if he doesn’t then it’s a court application and an application for costs.

You do it a bit at a time. To be frank, we’ve covered all this before but you have to start with Santander