Claim against beneficial ownership

[samanthamplified]

Hello,

I'd like to make a claim in Court that my ex is the beneficial owner of a property and not his sister (what they claim). Ex is the legal owner.

This would be an independent claim and not part of any current proceedings, but originally brought up in previous family proceedings.

What would be the procedure?
Pre-claim letter (14 days to reply)
Form N1 at the High Court in London with particulars of claim

I think I have a solid case...

Thanks for the help

[prh47bridge]

What exactly are you trying to achieve? Why do you want to prove that he is the beneficial owner of the property?

[Missonihoni]

Also wondering why your bothering

[prh47bridge]

In the absence of any response...

If this is related to the financial settlement following divorce or separation or some other action you are bringing against your ex, you should bring it up as part of those proceedings, not as a separate action. If, say, there has already been a financial settlement but you think he lied to hide assets, you need to appeal against the original decision, not bring a stand-alone action.

Unless I am missing something, you do not have any standing to bring the action you propose as a stand-alone case. You have not indicated that you have any interest in the property. Unless you do and your interests are being affected by this, the identity of the beneficial owner is none of your business.

[samanthamplified]

Hi,

Thanks for your responses - the family part of the proceedings are over

But, I want to go after a Tolata application against him, but I need to first prove he is the beneficial owner of that property - or should this be done in one application?

Also, I need to place a restriction on his property, but I understand that if he is not the legal owner anymore, a Tolata application is not enough...

[prh47bridge]

Any arguments about the identity of the beneficial owner would form part of your claim. However, I note that you say the family part of the proceedings are over. If you were married and there has been a financial settlement the order should include a clause dismissing future financial claims. That would mean that you cannot have a second bite at the cherry by trying a ToLATA application.

[prh47bridge]

Cross posted with Familylawsolicitor with whom I agree.

[Collaborate]

Your initial post defeats your own argument. You can only bring a TOLATA claim if you want the court to say you have an interest in property. Your assertion in your OP states very clearly that you think he has an interest, not you.

[samanthamplified]

Thanks all for the responses

My assertion is that I have a beneficial interest in his property, but he claims he is not the beneficial owner of that property at all

The family proceedings are over and there was a financial settlement, but it was significantly reduced because this property was off the table and I couldn't fight it then because I was having a mental breakdown

Can I make the Tolata claim on behalf of my child? Is this complete nonsense?

What are my options?

[worridmum]

To provide the property is not easy or straight forward are you 100% certain the property is his and he is simply not just living in his sisters second home?

Because unless you are 100% certain it will be an very expensive thing to prove and if you fail to prove the case could accumulate a large amount of costs for potentially nothing to show for it (plus potentially even your ex's legal experiences as well).

I also echo the advice given by the other posters.

[Collaborate]

But you're not claiming against him in a TOLATA application are you? Because on paper he's not the owner. You're claiming against the legal owner, if you bring such a claim, so that won't have been dismissed in the divorce, but to be frank you come across as if you haven't got a clue what it takes to make such a claim (I'm talking about the legal basis of such a claim), so for your own sake pay for some proper legal advice before you make an expensive mistake.