Help...can my abusive ex evict me from our jointly owned home?

[Googlee]

Hi All,

I have a very difficult situation, my abusive ex (partner, not married) left me 3 months ago, but only moved out a couple of weeks ago. We have 2 children together, owned a house together but had purchased 3 other houses during our relationship! The house I live in now with my 2 children has been specially modified with money from the council to meet the needs of my disabled child. I have residence of the children but my ex wants to force the sale of the house to release equity!

Does anyone have any advice? I can't get legal aid due to the uncertainty of who owns what and I have no money to instruct a solicitor! I seriously need some sound advice on this please

Thanks

G x

[Collaborate]

You need to sort out ownership of the jointly owned properties - is there enough equity in them all (after deducting costs of sale and capital gains tax) for you to buy him out of the house you live in?

He can't evict you. Document all of the abuse. If it's serious enough it might justify you getting an injunction to get him out should he try and return.

[Sunnywithachanceofshowers]

Call Shelter on their helpline and they should be able to help you.

england.shelter.org.uk/get_advice/how_we_can_help/housing_advice_helpline

[Googlee]

Thank you! The only jointly owned property is the one I live in, the other 3 are in his name only! I have managed to get him to do an occupation undertaking, so he has moved out, but I can't lock him out, but he isn't allowed in either!

I have a suspended non-molestation order with the courts that will be dismissed in August if no further problems occur....but he is just being a lot more careful now with what he says, but the meaning of his discussions still feels menacing and threatening!

There shouldn't be any capital gains tax as we have lived in each of the properties for at least a year each!

I will call shelter now. Thank you, please keep your advice coming, it is very much appreciated x

[sneezecakesmum]

The CAB might be able to offer some help too, but shelter is a good place to start, as sunnywithachanceofshowers says.

actually sunny, I think you should be called rainingwithahintofsun!! We all have trench foot here!

[cestlavielife]

you ned some legal advice so that if needs be you can present to court - jsut settin out a statment what you have said would be clear enough .

in partiucalr in relation to teh needs of your disabled child.

given he has other houses he can live in /sell then your argument would be he should leave the euity in the current house and you and dc should live there til both chidlren become indepdneent - if your sn child does not becom indpendent this could b long term dont put an age limit on it !

TOLATA is about who owns what but you ahve strong case underchildrens c schedule one to remain the house and his share of equity to be kept in trus under childrens name or his charge in property keep until both leave home.

ask court for thei pro bono uit hwo can help you draft a statement correctly - beg or booorw the court costs (about £120 ??) to submit an application under childrens act for you to remian in house with the DC .

you probably will need to find few hundrd pounds to get conveyancer to sort out with land registry his charge etc but if you cant pay barister/sol then you can still go to court -


keep all communcaitionw ith him via email so you ahve a record. remain polite yourself.
as he has other properties he isn homeless right?

state that you wish to reside in property which has been specially addapted until boh children can leave home and at that point he can ahve his share of equity.

if he is threatening get some legal avice enough for you to file at court under childrens act that you wish to remain in property for the children highlighting the disability adaptations etc.

if he files under TOLATa to sell you can simply refute and give all reasons why you and dc should stay - that is straightforward and any judge should see that you and dc should stay albeit wih exp having chargge on property til they leave home .

[cestlavielife]

also keep all documentation police ref numbers etc relating to the domestic abuse as this is also relevant to your application to stay in the house and keep him out.

[cestlavielife]

read www.russell-cooke.co.uk/clientUpload/document/file/Cohabiting_Parents_What_Are_You_Entitled_To_For_Your_Child_April_20092.pdf

What are the Factors the Courts consider in making an Award? (governed by Paragraph 4 of Schedule 1 of the Children Act 1989)
a.) The income, earning capacity, property and other financial resources which each person has or is likely to have in the foreseeable future.
b.) The financial needs, obligations and responsibilities which each person has or is likely to have in the foreseeable future.
c.) The financial needs of the child.
d.) The income, earning capacity (if any), property and other financial resources of the children.
e.) Any physical or mental disability of the child.
f.) The manner in which the child has been or is expected to be educated or trained.

the cases lsited are millions of pounds which might not be your case (it certianly wasnt mine!!)

but use for refernces to relevant law - eg refenrce to Section 14 of the Trust of Land and Appointment of Trustees Act 1996 (TOLATA)

In the Court of Appeal case of W v W (Joinder of Trust of Land Act and Children?s Act Applications) [2004] 2 FLR 321 the mother issued under Section 14 of the Trust of Land and Appointment of Trustees Act 1996 (TOLATA) to defer the father?s half share interest in the jointly owned property until the parties? youngest child attained 18 or ceased full-time education. The father in this case was seeking for the property to be sold.

point is that you need to be referring to Section 14 of the Trust of Land and Appointment of Trustees Act 1996 (TOLATA)

and Schedule 1 of the Children Act 1989 SHELTER or CAB might be able to help when you draft your statemtn at least to court.

but don be threatened - put in appllication to court to prevent sale and clarify it so you and DC can live in peace . the court fees are not too onerous i is only when you get representation - but you can do this with some pro bono help and free advice