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Declaration of Trust Order 2004 what redress now

  • s wong
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05 Jun 12 #335128 by s wong
Topic started by s wong
Hi I was never married and XP lived with me in a house owned 100% legally by me on a mortgage in my name in my name and we had two children now teenagers. 3 years after seperation when his own personal mortgage arrears out of time he made claim to my house under TOLATA. Anyway useless lawyers charged me £12K until I was LIP and he got awarded 20% share by court order. No counterclaim for children or the lack of maintenance has been made, indeed I ask can this be done now or am I too late as children now approaching 18 and 16. Can anyone advise what order I can have done perhaps a financial order to let me have at last a Clean Break from lining this mans pockets. child maintenance has been small and is going to non exsistant when he gets his share by what method would I be able to get this order changed that he gets a reduced share and I move me and kids to a new property without his hold over us. The relationship is one of domestic violence (20yrs) if that has any bearing and was heard under property law when really it should have been joint with Family Law. I self represent now.

  • LittleMrMike
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06 Jun 12 #335232 by LittleMrMike
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First point is that, if you are not married you cannot get maintenance for yourself but your right to claim child support depends solely on the fact of parenthood. Admittedly, given the age of the children, then it may not be payable for much longer but that is no reason why you cannot take enforcement action for the child support while you still can. If nothing else you may be able to deduct the arrears from his share ( do I assume the property is to be sold when the youngest is 18 ? ) but it might be safer to get a Court order to that effect. In principle, I see no reason why not.
Can you explain why you are '' lining this man''s pockets '' or does that refer to his share in the house ?
I doubt if his share can be reduced, quite honestly. You took it to Court and that was the decision. You are almost certainly out of time for an appeal unless the judgment was recent and even then my inclination is to think your chances are problematic.

LMM

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