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Property trouble ahead??

  • juddermeister
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11 Oct 12 #360307 by juddermeister
Topic started by juddermeister
Hello

I have recently agreed in court to transfer my equitable share in the FMH to my ex fiance. She lives there with the children. I wanted no money from her and will take my share at a later date. I have now been sent the transfer docs and lo and behold the new boyfriend is mentioned on the transfer document? Now do i have to sign the transfer?

I agreed to solely transfer the house to the ex - can i now refuse?
House had an extension built and i was asked to leave 3 days after it was completed & approx five months into her affair with the now new boyfriend.

I currently rent a property with my mum and have mentioned in the past to the ex that i would buy her out - she could then settle down with the new boyfriend in a new house. She works full time always has and the new boyfriend works full time. I''m guessing she needs the new boyfriend on the mortgage because she is a low earner and he is a high earner.
I however work part-time am disabled. No career to speak of because i was the at home parent looking after the children for 5 years.

She never mentioned in court that she would be adding the new boyfriend to the transfer of the property. If she had my barrister and myself would have refused to sign.

Can i refuse to sign even if she gets a judge to agree the transfer? Can a judge do that?

She has lied from the beginning but i find it rather distasteful that she is trying to buy or obtain the FMH through deception etc...she has always stated that she and him would not be living together in the FMH - i always understood that i had no way of stopping him staying there and i dont mind if he does.

What i do mind is them both forcing me out of my share in the FMH.

The mortgage company have refused to offer her a residential mortgage ( house is a buy-to -let mortgage) they dont offer residential mortgages. If she and the new boyfriend require a mortgage then i dont see why they cannot buy somewhere else together with a residential mortgage. Thus enabling me to occupy the FMH. We equally own 50% of the property. Mortgage company dont seem to mind who lives there as long as they get paid.

Would it be possible to apply for occupation order? Or does the fact that it is the childrens home as well have a bearing on the matter. We were obviously never married. My income would not allow me to purchase another house where the ex and her new fella earn ten times what i do and obviously have the imcome to enable them to take out a mortgage.

So unfair that i am unable to make ends meet where im living even with my mums help. The court order is still in place from the child residents FDH stating that i have the right to occupy the FMH when the children are with me. The ex refused to leave the house when it was my turn so i had no option but to up and take my kids somewhere else....that or risk being arrested again for doing absolutely nothing!!! Three times was enough.

After the TOLATA childrens act final hearing when i agreed to transfer she left court and changed the locks on the house. My stuff is still in there and she is refusing to let me have it? Been 4 months now!!

So a night mare situation that i cant see ending soon, unless of course i agree to transfer the house to them. That''s then my house and my children that they have taken from me. Oh and the many thousands of pounds that i spent trying to convince the courts that i should have my kids 50% of the time. I had them for most of the 5 years and then for 50% of the time whilst the court proceedings rolled by only to eventually get 30%!!!!

Sorry for the long message - ive run on & on, sorry if some is not relavant!!

J

  • LittleMrMike
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11 Oct 12 #360314 by LittleMrMike
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In principle it is always possible to apply for a judgment to be set aside if it was obtained on the basis of false evidence, and it can be shown that the result would have been different had the Court known the true facts.
However, if you had transferred the property to your ex fiancee, there is nothing to stop her transferring it into the joint names of herself and her new paramour.
I can''t comment, of course, but if there is a Court order which requires you to sign the property to your ex, and you don''t do it, she could apply to the Court for an order , in effect, that the judge will sign the transfer for you.
I would advise you that you consider very carefully with your solicitor the cost implications of a challenge at this stage. You didn''t expect to get anything out of the deal, so, if you''ll pardon me for asking, why the fuss ?
LMM

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11 Oct 12 #360407 by .Charles
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As the parties were not married, the intention to cohabit has no bearing on the situation.

As the matter was agreed at court I cannot see what basis for challenge there is.

Charles

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12 Oct 12 #360575 by juddermeister
Reply from juddermeister
Thanks for your reply.
The fact that it is a commercial mortgage and the payment is 300. Where I am renting for 700. She earns 26k a year where I earn 7k a year. I am a bit annoyed I guess that I have been forced out of my house. The court didnt provide me with anywhere to live i had to find somewhere at great cost to me.
If her intention was always to get the new boyfriend involved then I think she should let me have the house and her and the new boyfriend could get a house together - they could always go and live in his three bedroomed house!!! though im guessing they will rent his and then rent the FMH....I''m pretty sure that''s the plan anyway?? I did have the court papers state that if the FMH ceases to be the children''s main residence then the house has to be sold, but in reality I guess that would mean me taking her to court to get the house sold etc...and I don''t expect she will have to sell just buy me out with a lump sum.
I was advised by my solicitor that I should get my name of the mortgage. She should indemnify me and sort out my charge for 7.6% of the value of the property. I''m wondering now if that was the correct thing to do?
The woman quite frankly doesn''t deserve the house - she fleeced my mum for 20k to finish the extension and then told me that it was my debt...and that the twenty we put into the extension wasn''t ours but her money!!! I am still dealing with the craziness with regards to the kids and I am allowed no exta contact time with my kids. I haven''t seen my step daughter for 20months and feel like she s slowly brainwashing my two boys against me aswell. My kids now go to the childminder before and after school where they could and should be with me but she won''t agree? I''m sure caffcass would be very interested to find out that she has not changed her hours to suit the children like she stated back in court. I guess I''m still dealing with the loss of my kids more then a pile of bricks and mortar! The house is mainly owned by the bank anyways so I understand that neither of us actually own it but I am losing hundreds of pounds a month by me paying rent or losing out on rental income on a property.
Maybe you''re right though and I should not be making a fuss at all and should move on with life etc.... Let her have a pile of bricks - life is too short!!
Should get a conveyancing solicitor to check over the transfer details because in all the docs I recieved it mentions nothing about indemnify ing me or my 7.6% charge on the house? Does this all get done at the same time ? Or will they be sorted after the transfer?
Thanks J

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23 Oct 12 #362575 by juddermeister
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Hi any more advice? Regarding the charge back and indemnify ing me etc.. Is it a good deal?

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