URGENT please help

Hi

Any help would be appreciated.

Long story short, my ex intends to make an application under Trusts of Land and Transfer of Assets (TOLATA) presumably to try and hold on to THREE houses that we jointly own. He knows I want them sold.

When he makes his application can I just respond to that and save myself the court fees of making my own application?

Would it put me in a weaker position?

Actually, it's the Trusts of Land and Appointment of Trustees Act.

First question is,are you married ?

Are there any dependent children involved ?

TOLATA is the successor to section 30 of the Law of Property Act 1925.

If I remember correctly, under the old law, if there was a dispute
between co-owners as to whether the property should be sold or not, then it had to be sold.

Nowadays the Court has power to defer a sale. Note the word defer. The most likely reason for delay is that the house is needed as a home for dependent children. Or a delay may be ordered for a short time to allow the parties to find other accommodation. Or it may be necessary for the Court to resolve the issue of the parties' shares in the property.

If he makes his application you can of course respond to that, but I'd say off the top of my head that he might succeed in delaying the sale of one house, but not three.

But of course you need legal advice here from a property lawyer who has experience of such matters.

LMM

Thank you for your message.

No we are not married. He lives alone in the main house. None of the 3 children see him or stay with him, except the youngest for 3 hours every other Sunday under supervision.

The children live with me full time. All children are in counselling at the moment.

There is a very good chance a Court would delay a sale of at least one of the houses until the youngest is 18.

LMM

Even though none of the children spend time at the house?

I'm in a small rental property bursting at the seems and he's alone on a large house by himself. Running up arrears and letting the house fall apart?

I take your point, but could not one of the houses be used as a resource to house you and your children?

LMM

Hi

Two of the houses are rented out and other part of the country. He retains the rental income from both, he went so far as to remove my name from the tenancy agreements and has instructed the tenants not to talk or communicate in any way with me.

He also has not paid CSA since May 2015. He has run up arrears on all the properties. He claims to earn between £7 and £50 per week - according to HMRC.

The houses could be at risk of repossession.