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Getting his name of the title deeds

  • loli63
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28 Feb 11 #254622 by loli63
Topic started by loli63
OK, this one is for a friend of mine but after self repping for two years, whats another form among friends.

She cohabited with teh father of her 8 year old, he moved out two years ago. He has never ever made a payment for the mortgage, has never paid child support and now...get this...wants her to sell the house to give him his half. She can prove that every last payment and all utilities and bills have always been paid by HER.

I understand that there is a provision withing the childrens act that she can take this joker off the deeds provided she can prove hes never contributed....

How do we do this, from a self repping point of view, is this a run of the mill C100 form that needs to be filed? Hope so as I am the C100 queen and we can get this done tomorrow is this is the case.

Or does she need to file another form??????

Thank you !!!!!!!!!!!!!!! Will also post this on the self repping forum!

  • LittleMrMike
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02 Mar 11 #254852 by LittleMrMike
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Not easy. I'm not surprised nobody has replied to this.

So, the good news or the bad news.

Reminds me of the wartime story of the troops who had been marched through the desert all day and the commanding officer told them he had some good news and some bad news, They decided they would have bad news first.

" Right, men, there's nothing to eat but sand ! "
" *********** ! What's the good news then ? "
" There's plenty of it ! "

Right then. To advise with certainty it is essential that a solicitor takes a look at the title documents and the arrangements when
you bought.

In particular I would like to know if you drew up a cohabitation agreement.

But THE CHANCES ARE ( and without seeing the deeds I can't advise ) that the property will be owned 50/50.

It is unlikely he could force a sale while your child is under 18. More likely that it would be postponed till then.

What about child support ? Make a note of missed payments and do it pretty carefully. You might need to enforce later on. You may be able to recover it by knocking it off his share.

Yes, I think you may be right about the Children Act. It's pretty abstruse stuff, though. It involves Court proceedings. You can't simply ' take his name off the deeds '
without a Court order.

This is not terriby helpful but it's as far as I dare go.

LMM

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02 Mar 11 #254884 by loli63
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Thanks LMM

Yes, I realise that the only way to do this is with a court order.
I am not daunted by the prospect of going to court as I have been in court so many times over the past two years that one more is not an issue for me.

My only question really is if we use the form C100 to file in order to bring this court.

We have all the evidence to prove that he has not made a single payment in all these years and has never paid child support so I think its fairly clear and easy one from a judges point of view.

I found that anything under the children's act was very straight forward, I even fought in the high court and won against his legal team...so not daunted at all!

Thanks!

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