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  • ste123
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28 Dec 11 #303581 by ste123
Topic started by ste123
My cousin has seperated from his partner after 9 years together he bought the house in his sole name and she has never paid for anything shopping bills mortgage etc. They were not married but have two children. He moved out over a year ago and has still paid the bills and mortgage and over £800 per month in CSA.
He has made her an offer to move out but she keeps stalling and she has now moved a new guy in. Where does he stand and what can he do next

  • LittleMrMike
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28 Dec 11 #303594 by LittleMrMike
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If you were not married, you need legal advice. A solicitor would want to examine the title deeds, to seek to establish what your respective interests in the property were.

Your cousin would probably be advised to seek an order for sale under s 14/15 of the Trusts of Land and Appointment of Trutees Act 1996 but if there are children involved it is possible a Court could postpone sale until the youngest child was 18.

You need legal advice especially in view of the recent case of Kernott v Jones.

LMM

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03 Jan 12 #304317 by jonathancj
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I''m not sure that TOLATA applies here as the house is in the cousin''s sole name. Strictly speaking, he can withdraw his permission for his ex to live there and she will become a trespasser. The legal route would be for there to be an application for an injunction requiring her to leave. I''ve only ever seen this done once but it was successful.

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