Bringingatolatacasetocourt

[Lookingfortolatacasehistory]

So ex left 2018. Abusive currently facing charges of child cruelty and Co orcive control. No contact with children or me. Tried to negotiate through 3rd parties and solicitor to buy him out as per deed of trust. 80/20%. I always paid mortgage he stopped contributing anything to house or children nearly 5 years ago. House was/is tiny needs work.
I've paid everything he scams CMS.
I've tried to take to court myself put completed a cpr 7 or 8. Wrong form.
House has literally doubled in Valsue and he owes me £80k.
Used a solicitor but costs wrack up as he made vexatious claims and I had to pay solicitor to refute them. I gave up as it felt like more economic abuse.
Hes due in court next month and we want him off the deeds as he might get off. He could and walk straight back into House.
I want to extend the house for the kids. Its tiny. I don't need his consent under permitted development. I like the house area and its the kids home thet are teenagers now.
But I read it can cost 10k to fight a tolata claim. He won't agree to the deed of trust.
Would a judge also look at the money he owes me if I can clearly evidence it plus all the house maintenance costs.
Would he take the value from when he left as I have been in purgatory waiting for the Court case meaning a reason its been impossible to negotiate.
Or do I stay put hope he brings the case to court. He won't.
I'd just like to see how judges decide.
He has another rich girlfriend and his housing needs are met.
Appreciate I need to give him something. I can buy him out at a push.

It might be worth getting MNHQ to change your title so it is easier to see what your question is. Currently I clicked on as I was curious, but as there were no gaps between the words I had no idea what your question was.

OP thinks she has a TOLATA case.

You need legal advice. If your ex is facing charges of child cruelty and coercive control you should be able to get help from FLOWS - https://www.flows.org.uk/support-for-women

I find it hard to understand the situation from your post. However, I agree that you really need legal help. Even if you can't afford someone to represent you, you need some professional advice.

By the way, "permitted development" means you don't need planning permission from the council. It has nothing to do with whether you need your ex's consent before making alterations to the property.

It was Flow that recommended a solicitor who initially was very helpful. Said he didn't know know why my cpr form 7 was returned. Then kept be waited over the summer and although I have very cleat spreadsheets and proof of debts he then wanted to waste money responding to vexatious claims. Hence why I want to bring the case myself I appreciate the solicitor was being thorough I wanted to ask is there a way of looking at old tolata cases to see how judges decide and make their rulings.
I have already followed pre action protocol to continue will be fruitless and expensive.

Permitted development means I don't need his permission to make alterations but planning does. I know its not really relevant

whilst you don’t need to be anywhere near as proficient as a lawyer to represent yourself you need to be able to state your case in a way that is understood.

What do you want to ask the court to do? There is a deed of trust that would split the equity 80:20. Do you want to enforce that or overturn it.

I'm afraid this is wrong. As per my earlier post, the rules on permitted development define whether you need planning permission. If your proposed alteration falls within the definition of permitted development, you don't need planning permission. It has nothing to do with whether you need the permission of all owners of the property to make alterations.

I agree with @prh47bridge that this statement is wrong.

I live in a house which until recently my ExHs name was on, I needed his permission to even change the locks, let alone build on it further as well. My solicitor told me this as well, that I needed his permission.

I’m assuming you aren’t married?

Yes I want to enact the deed of trust and ask the judge to look at the monies owed too which is 80k.
I completed the wrong form.
I wanted to look at old cases to see how judges decide.
Thank you.
I have been quoted upto 20k to bring a tolata case😂

Why is money owed to you?