Ex has gained beneficial interest in my house.

My ex and myself have a 3 year old boy together and she has a 10 year old girl from previous relationship.

We all still live in my house after she sold hers to live in mine. She has gained a beneficial interest of monies she original loaned me before my retirement to reduce my monthly mortgage payments until i could pay it off.

So, now she has this and it states i must go through the Courts for any sale, is this something they would consider as there are children involved?

Are you married?

Hi, not married but I have just received an email from CAFCASS that they need to contact me regarding a court application!

Hi Andynumpty

I am surprised you have not been contacted by the mediation Service about attending Mediation as before any court application can be made parties need to attend Mediation, (unless there are exemptions mostly domestic violence or the application is urgent for some reason) Have you attended Mediation or been contacted by the Mediation Service.

CAFCASS are involved in Children Act applications, and ring in the early stages of a case to do what is called a Schedule 2 Assessment, find out brief information and do a safeguarding check.

Back to your question about beneficial interest, you do not have to go to court, you could reach agreement through Mediation or through Negotiation. Court really needs to be considered as a last resort.

Best Wishes
Deborah

Hi Deborah,

No domestic violence, unless she's trying to say there is, I got a court order in place already for my son's contact arrangements.

I have submitted court papers to enforce the original order as she is refusing to follow it, could it be that?
No Mediation contact.

Does she have a registered charge on the property or a deed to show her beneficial interest?

Hi, the Tribunal hearing result has only being given saying she has a beneficial interest but not say by what share or percentage only a monetary amount as the Judge says we had to sort that out or go back to court.