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3rd Party Joined to Ancillary Relief Process

  • loopylucy
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16 Jan 08 #10830 by loopylucy
Topic started by loopylucy
I wonder if anyone had any experience of joining 3rd parties to ancillary relief proceedings?

My family home situation is a complicated one. My ex came from a farming family and when we began looking for a home together he wasn’t keen to move far from the farm where his family lived and he worked. It was therefore decided that his parents would gift one of the farm buildings too us and we renovated this derelict building into our home. The problem is that the building gifted to us was attached to the farm house where his parents live, they had always promised that our section of the building would be given separate deeds and transferred into our names. Despite asking on several occasions throughout the marriage this was never done and “our house” remained in their names, despite us having paid for all renovations and paying separate utility bills on the property.

My solicitor has written to my ex-parents-in-law for their view on the ownership of the property but to date they have not wished to engage in any communication or mediation. My solicitor has now found a case called TL v ML which came before the high court and where the judge said that where a dispute between a spouse and a third part as to the beneficial ownership of property came before the court in matrimonial proceedings, then the applicant should file for ancillary relief in the normal way but the third party should be jointed to the proceedings at the earliest opportunity. The dispute should be directed to be heard separately as a preliminary issue, before the FDR appointment.

Has anyone heard of this process before or even experience it themselves?

  • loobyloo
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16 Jan 08 #10834 by loobyloo
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lucy
not quite same but today recieved a court order saying a charge has been put on FMH (from a personal loan) this confuses me as thought homes not secured on personal loan.
Will this affect the pot at fh(due after easter) as the debts i accrewed in marriage are under question as to family debts or extravagance
Will this charge be classed as a third party and will my x2b be aware of such charge. He is in the FMH and intends to buy me out... if he dosent know and i dont tell him does that make himresponsible when he if he ever sells
advce be appreciated also
looby

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16 Jan 08 #10867 by Specialdad
Reply from Specialdad
If there is a charge on the property then permission of the person having the charge will be required for the sale.

Also the charge can only be discharged with a repayment of the loan.

If the property was in joint names then a charge could not have been put without the parties knowing and signing.

I have never heard of a secured personal loan.

  • Fiona
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16 Jan 08 #10881 by Fiona
Reply from Fiona
Lucy,

The relevant case law is TL v ML and Others (Ancillary Relief: Claim Against Assets of Extended Family) [2005] EWHC 2860 (Fam)

36. In my opinion, it is essential in every instance where a dispute arises about the ownership of property in ancillary relief proceedings between a spouse and a third party, that the following things should ordinarily happen:

i) The third party should be joined to the proceedings at the earliest opportunity;
ii) Directions should be given for the issue to be fully pleaded by points of claim and points of defence;
iii) Separate witness statements should be directed in relation to the dispute; and
iv) The dispute should be directed to be heard separately as a preliminary issue, before the FDR.


www.familylawweek.co.uk/library.asp?i=1734

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16 Jan 08 #10882 by Fiona
Reply from Fiona
Looby, the charge will need to be settled when the house is transferred or sold.

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16 Jan 08 #10883 by loobyloo
Reply from loobyloo
sd was unsecured loan.... court order made n banbury,,,.... just another nail in the coffin of the little person

I THINK ILL GO TO GMTV AND IF GET DESPWRATE J K !!!!
how can ths unsecured loan hapen????
looby

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16 Jan 08 #10884 by loobyloo
Reply from loobyloo
desperate... sorry can spell
just totally miffed by this charging order ... unsecured ha need exposing if this is the case ....agree???
looby xi

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