Intervener has submitted declaration of trusts

[samanthamplified]

Hello,

So I'm in a financial remedy case against my ex-partner. His father has claimed 100% beneficial interest in 2 properties and has produced 2 declaration of trusts.

1 deed looks real, but the other looks fake.

He has not shown evidence of him providing funds to buy those properties.

Have I lost this now?

I'm 100% sure these are my ex-partner's properties.

@MrsBertBibby - but if FiL isn't declaring, then doesn't it make my case stronger since nobody's declaring this income, but it's going to Ex' account, so...it helps build the picture that Ex is the beneficial owner? Does that make sense?

The judge can refer to HMRC but they rarely do, as the family courts mainly want people to be straight with them, and that won't happen if word gets out that every commonplace infraction is reported.

If you want to pursue it you should write first, and then apply for an order if they decline. But I'm really not sure it's that helpful to your case.

If I were representing them, I'd be asking for the tax returns to prove the beneficial ownership point, so if their statement has been silent, I think that speaks volumes.

Possibly something best left to cross examination.

How long ago were these properties bought?

Depending on when the properties were bought, the transfer deeds (to transfer ownership when they bought the property) should make reference to the trust. The transfers should be readily available from the Land Registry.

Thanks both - I'll await a barrister's advice on this as well.

My gut is saying go for it.

There's another point on this that I probably shouldn't put on this thread and I'm not sure how that will affect all this.

I've contacted so many chambers for direct access, but I'm starting to feel the clerks don't read emails. I have to call in and then email again and then possibly I get a few barrister names; so far, one seems interested so I'm awaiting a call back

Does it matter that a witness on one of the trusts is a known business associate of theirs? I can prove their business relationships...

About 9 years ago.

The transfer deeds? What form is that?

As far as I knew only the title register/plan is available from LR...

The Land Registry usually hold the transfers as well it's a from TR1. The newest form has a box on to tick if there is a trust. I'm not sure if it did 9 years ago but it's worth a look.

@babybarrister - really sorry, but what is a FULL and registry search?

What does it consist of?
Official copy of title registers
Transfer deeds (as mentioned above)
Anything else?

I think it's a typo for "full Land Registry search"

You can get hold of the transfer deed, which is the document which transferred ownership to your ex, the form you need to use is OC2.

This practice guide is helpful, scroll down to part 6

www.gov.uk/government/publications/inspection-and-application-for-official-copies/practice-guide-11-inspection-and-application-for-official-copies

You could I suppose also ask for "the declaration of trust in favour of fil" to see if it is lurking there.

Three post nutter

Have you had sight of the tenancy agreements in relation to the properties? It might be interesting to see who is down as the landlord. And which of them, if they have a relationship with a letting or property management agent, is the one the agent has a contract with.

Again, there is always the risk that they have covered their tracks there, but if they had, and fil was on all the paperwork, I'd have expected their lawyer to have put it all out there. I would!

You are absolutely right about it helping your case if fil is also not declaring the rental income, my point is that although that's a help, it's a smaller help than the damage would be if it turned out fil was declaring it.

Hello,

So I'm still waiting for this barrister to get to me, who has had my bundle for 10 days now.

Would analysing the relationship between witness of DoT and T and B help?

Thanks.

To obtain an order to get intervener to dislcose tax returns, what FPR part is it?

Do I need to refer to a part of the FPR in order to obtain the order?

Any sample draft order wordings would be helpful...

Thank