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Legal Advice on TOLATA

4 replies

legaladviceonTOLATA · 07/01/2024 17:13

Hi, I am currently living in a shared property with my ex-partner, who has been subject to a non-molestation order due to past acts of domestic abuse.
I'm desperate to get out of the property, and establish separate living arrangements. However, I am facing challenges in securing a concrete offer from my ex-partner for my share of the property (which is minimal) despite his continued assurances that he wants to buy me out. I've been advised to apply to the court to force a sale under the TOLATA.

I am unable to afford more legal fees and not eligible for Legal Aid. As I'm named on the mortgage. Any guidance on the process, would be a huge help. I know you need to start with the N208 claim form.

OP posts:
Canttakemuchmoreofthis0 · 19/01/2024 18:34

Hi, I am in a very similar situation, minus the abusive ex. How did you get on since your post?

legaladviceonTOLATA · 21/01/2024 19:23

Haven't made much progress. How about you?

OP posts:
Crazycatlady83 · 21/01/2024 19:36

Check your position regarding legal aid again as whilst the property may mean you are over the eligibility rates for capital, if you are living in the property and it's in the joint names with you former partner, you can applied for a "trapped capital" exception via the Legal Aid Agency.

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