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Declaration of Trust made by district judge

  • sarja
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13 Sep 11 #287694 by sarja
Topic started by sarja
Back in 2005 I had a declaration of my solely owned property made by a district judge that 20% had to be given of the SALE PRICE of my property to my X and I got treated like a "wife" instead of a woman buying not her 1st independent property with her own mortgage in sole name.

What I want to know is does anyone know how I can appeal out of time at the appeal courts for an adjustment of the order. My X is a compulsive liar and lied in court about the amount of money he provided to recompense me for the deposit and the value of his diy work done to the property. The truth was he was so violent I had to let him off paying me back my £25k deposit.(and still is) Domestic violence is about financial abuse as well as other controls by threats of violence but I can see no cases yet making it through the courts.

Is there anyone out there with legal knowledge who can advise me? The legal appeals I have looked at appear to now look at "the whole course of dealing with the property". If the mortgage were to be paid off exactly what sort of hearing can be done to re-look at his share in proportion to mine or has common sense not caught up yet.

We had children that are now teenagers and live with me if that has any relevance.

  • Fiona
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14 Sep 11 #287699 by Fiona
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Presumably you weren't married and your ex-partner was able to establish a beneficial interest in the property through the courts.

If the judge made an error, and the ruling was one that no other judge could have reasonably been expected to give, the time to appeal would have been immediately after the final hearing. Leave to appeal is unlikely to be granted unless new evidence of non disclosure/fraud has come to light.

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