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someone elses mess !

  • exhasperated
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30 May 14 #435323 by exhasperated
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looking for opinions from like minded people on a subject that could potentially affect upto 2 million other individuals, pre marital assets, being claimed by a third party.Anyone that ownes a property jointly with someone else and are not married
" READ THIS ":woohoo:
My particular case is riddled with multiple court errors,failure to serve correct documents, leading to possession orders, being served with a bailiffs eviction order, climaxing in an application to have a district judge sign the transfer of my home because my ex-partner failed to pay his ex-wife a lump sum within their divorce after he transferred the property to me and it was set aside by his ex-wife solicitor on the day of their divorce without an application for an avoidance of disposition order being served on me,even though i was the 100% owner of the property. if you want to comment please do,,,,,,,

  • MrsMathsisfun
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31 May 14 #435328 by MrsMathsisfun
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Welcome to wiki. A little confused was the property originally yours or your partners?

Did he transfer the property to you in an attempt to stop his ex getting a share?

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31 May 14 #435338 by exhasperated
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I was unaware at the time of the transfer that my home was the focus of his exwifes ancillary claim. Property was m8ne as a council Tennant then to raise mtg he came on the tenancy and bought it with a joint mtg. 18 months later he went back to his ex wife and subsequently re married her ! Thanks for the contact .

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31 May 14 #435345 by sulkypants
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You state you were 100% owner of the home yet you had a joint mortgage on this property.

It sounds as if he wanted the funds (that he was supposed to give his ex wife) to purchase what used to be your council property.

Although it''s your home it would have been treated as an asset, terrible circumstances you have found yourself in. Was any of the deposit for the property funded by you?

  • MrsMathsisfun
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31 May 14 #435347 by MrsMathsisfun
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Unfortunately once you made him a joint tenant he legally owned half the property and would have been entitled to half of any equity. The fact you owed the property previously wouldnt have any weight.

A friend of mine has had a similar experience, she re mortgaged her home and made her new partner a joint tenant. The relationship collapsed and there in nothing she can do but buy him out. Basically he will gain about 30k from living with her for two years. She wishes she had married him as she would have had more rights!

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31 May 14 #435348 by exhasperated
Reply from exhasperated
My case exactly ! If I had married him it would have been different. The fact was I was never served with the application for an avoidance of disposition order right from the start ! Thanks for your input. Im still working on it .

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31 May 14 #435350 by MrsMathsisfun
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If you find out anything useful for my friend please let me know and I pass it on and visa versa.

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