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Transfer of property under Childrens act 1989 ?

  • ant_j
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10 May 12 #329637 by ant_j
Topic started by ant_j
Very new to forum, so hope im posting in the corrent area.

Ex partner (not married) is living in our jointly owned property with our 2 boys, 8 year old in full time schooling and 2.5yr old in part time nursery. She is unemployed receiving legal aid and help from benefits towards mortgage. I pay child maintainence. I can no longer sustain paying half of the mortgage because of debt (including solicitors) and not living there. Im renting with partner and have outgoings myself. Im currently representing myself as solicitor bills increased as debt from situation. If jointly mortgaged property is sold, there is aprox 60k equity. Had received from her solicitor - application re: property in her sole name under childrens act. Ideally i''d like house sold, we would both receive equity. She wont as children will be "homeless", assume this is where the act come in. Cant see how they would be will 30k+ equity to her. Also, Id be willing to change hours of work for children to live with me, i have the space. I have the children every other weekend, they stay at her mums in the interveining weekends so they have 3 reidencies.
What does this taking me to court re; property under child act mean to me in real terms. Will the house be hers? Do i pay all or any mortgage? Can it be sold with the amount of equity?
Her situation is she is seeing someone (on the same street so not cohabiting). Claiming benefits. She is far from destitute and in all honestly is better off than I am (new large tv, running costly car, gym, etc - not that this matters, but all part of whats happening).

She has been vilent toward me (reported to police)including threats and she came to my work and physically attacked me.
I have always been as helpful as i can with her including helping with costs towards thinks, fixing things, building new flatpack for her for property (when i dont live there).

She drinks more than average and has even attempted suicide (overdose) while the children were in the house. I wasnt living there and luckily had my phone on that night for me to receive her non sensical texts and calls.

I have been very reasonable and the most unreasonable thing i have done is now stopped paying mortgage, which hasnt come into affect as was slightly in credit due to overpayments made by me when first started, this is because I cannot afford to do it any longer

Im beginning to feel very stressed by it all, cant afford legal representation.

Can I represent myself in court when it goes there. Can I block it? Write to her solicitor direct?

Many thanks in advance

  • jonathancj
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10 May 12 #329707 by jonathancj
Reply from jonathancj
So many questions!
1. Unusual for the court to decide a schedule 1 application by ordering a property transfer. I feel her solicitor is getting a bit too creative for a £60k equity.
2. The general rule is the occupier pays the mortgage. If she lives there, she pays.
3. Getting an immediate sale might be difficult though if she can at least meet the mortgage.
4. The children''s welfare comes first. If she genuinely tried to kill herself when the children were there, that''s a serious problem. How long ago was that? Does her violence impinge on the children? Do they see it?

  • ant_j
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10 May 12 #329743 by ant_j
Reply from ant_j
Really sorry for all the questions and really appreciate your answers.
She did genuinely attempt.
Was November last year.
The boys were in bed at the property, I was living with my father (about 2 miles away) at the time.
I was in bed around 11pm, had received some incoherent texts, and voicemail, but could make out the wanting to end it, can’t cope.
I arrived, I didn’t see much other than an empty bottle of wine and a few larger cans empty. She was upset and shouting.
I consoled her, she showed me where she “tried to slit her wrists, but couldn’t” but “taken lots of paracteamol instead”.
Say empty packets in kitchen when investigated, ambulance called.
I was distraught, she wouldn’t go, wanted to end it all. Eventually she left (semi conscious), I stayed as the boys were in bed sleep thru and had to take 1 to school and look after the other the following day.

Yes, the children have witnessed her verbally and physically attack me. When she came to my work and attacked me, she rammed me several times with the pushchair with the youngest in. I tried to stop and calm her; she was screaming “help help get off my baby!”
She’s attacked me at my dads outside, both boys witnessed and screamed, dad took them indoors.
The eldest has even asked “why” and “are you ok”?

She is okay now, friends around her and new partner, but when I went to property a week or so ago, concerned about the dozens of empty cardboard larger crates. She was told when discharged from hospital in November to reduce alcohol. I was/am concerned. She states she had a party. I think she does or goes out most weekends as mentioned me and her mum have the boys on alternating weekends, so she has them free.

Sorry again for the huge reply. Just really stressing that she is going to take me to court over the property, as her solicitor possibly hasn’t been informed of the above.

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