Dear all,
i was invited during first appointment for finances on tuesday to file a set aside under s37 of the MCA 1973. Ex sold house 3 days after fil8ng his
form E. Form e did not include
matrimonial home overseas where I reside with out son. When we exchanged I as appl8cant emailed him varioys times to ask value of property and why he omitted from form E. Also on echange he only sent me form E and no attachments or other. However he had filed his form e with a bunch of attachments to the court without my knowledge. Documents I had never seen till the hearing 8 weeks after exchange which included a "bill of sale". I was totally unaware of these papers until:
During the virtual hearing the judge asked him why he had omitted home from form E and he said he had needed to sell it. She asked when and he said 2020. Apart from the fact this is impossible as while in divorce proceeding the home was brought up various times with judges since then and he never mentioned a sale.
When I gasped the judged screamed at me and when I said he cant do that its the matrimonial home, she replied "he can do what he wants, if its in his name. Just as he can do what he wants with the hsbc bank account which is in his name". I challenged the judge and she said itx a misconception in the uk what the law is fof married couples. Anyway after a few difficult minutes where I said well if everything in his name and everything in my name is undisputated whats the point in financial remedy hearings? Why are we here?
following this she said while she cant give legal advice i should google s37 under MCA to "set aside".
I prepper the D50G, a statement, exhibits ( which includes the bill 9f sale - sold to his best friend for 70k when property worth 700k) plus an index.
since then no one seems to be responding to my "urgent" application without notice. High court number refused my access to clerk of urgent business judge. Funally was told to file at the FRC, not even a received email. Then I resent to the CFC urgent applications email address. Received the auto response its received but nothing else.
The bill of sale states that the seller is obliged to vacate the occupants from the property within 3 months of the bill of sale. The bill of sale is dated 5th sept, i learned of this on 17th october.
i built this home on ex husbands land in his name. Its a mess.
my questions are
1/ what is the fastest route from me to get this application before a judge? I cant afford an attorney.
2/ should this be going to the high court in that I require an internatiinal injunction?
3/ how long will it take for them to issues under these circumstance becase the judge directing me to file the app did so in front ov him and in a south american country where corruption is rife he can pass 100 bucks to an offivial to ger deed tranfers done in short time.
ANY ADVICE WELCOME
thank you.
