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Relationships

Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

separation/ legal advice

7 replies

mimitin · 14/02/2015 09:45

legal HELPPPP please
I have recently split from my partner of 9 years, we had to leave with out telling him as his control over me and my children was becoming overpowering. We now live in a 2 bed flat which is fabulous but comes at a price and I am now working 5 jobs to pay for everything.
I moved in with my partner 5 years ago I sold my little bungalow I had lived in with my 2 children for 7 years after divorcing my husband. The equity from my property I invested into extending his 3 bedroom house to a 5/6 bedroom house so all our children would have their own bedrooms. This cost me £70,000 and after all the work was finished we had a declaration of trust drawn up by his solicitor which is all in his favor as it only gives me interest at the bank rate, at the time properties were falling in price,( we live in the SE of England and house prices never really fall in price) but I panicked and agreed to the terms at the time. His property was worth £280,000 when I moved and it was just recently valued at £525,000. I am unsure of what my next moves shall be as he is not showing me any intention of returning my money from the property.
The declaration states I should write to him giving him 6 months notice to return my investment or sell the property. We had discussed selling the property a year before we left as the situation at home was becoming unbearable for all of us especially the children.We were arguing a lot and he was beginning to throw and smash things in front of us all and the kids, my daughter was often scarred and my son was becoming increasingly worried and over protective of me. He didn't help around the house and I was running the whole ship on my own, we both worked full time but I was generally left with all the house duties.

When we did speak about moving on and selling the house he would say "give him a few months" and he would get someone in to finish it or would help me to get it finished, the house was never completed as we ran out of money. It is generally cosmetic and the house will sell in a flash as the area is highly sort after but he insisted that it had to be finished before we sold as his pride would be at stake. Knowing his personality I knew this would never happen so instead of waiting we left. I am not his mortgage, but I am on the deeds as I purchased the freehold with the £70,000 as it was a lease hold property before I moved in.
My story is long and I have left quite a lot out but the main points are there, I am on a very low wage but I believe legal aid is almost impossible to come by, a point in the right direction would be great if anyone has been in my situation, I look forward to hearing from you.
Thank you for taking the time to read this I am truly grateful.

OP posts:
CogitoErgoSometimes · 14/02/2015 09:49

You need proper legal advice for this. There are big numbers involved and I don't think you should leave anything to chance. Please ask around because some solicitors will offer a free initial consultation. CAB might be able to help you as well. But even if you have to find a few hundred, it's going to be worth it.

Tobyjugg · 14/02/2015 10:05

I'm no lawyer but I am on the deeds as I purchased the freehold with the £70,000 strikes me as a significant fact. You need a solicitor. Go and see one now. I wouldn't bother with CAB as, i suspect, they will tell you the same thing.

cadno · 14/02/2015 10:39

The usual sort of thing a court would do in this situation is make an order for the property to be sold. That's not the problem so much as deciding on what the share should be. See a lawyer - you might be able to come to an agreement for them to take costs from the money coming to you.

The law in this area is not set down in an parliamentary act - such as is the case with marriages - the law commission has tried but there is a lot of resistance. Rather it has developed on a case to case basis. Look up on google cases such as Stack v Dowden, Kernott v Jones - both went to the Supreme Court. But things get confused for the lack of clear law. When the above case of Kernott was in the court of appeal, one of the 3 judges there wrote this about the then leading case of Stack

'As for Baroness Hale's statement in [60] that the court must or can also look for the parties' imputed intention, I do not, with the greatest respect, understand what she meant.'

So if senior judges like those get muddled, what chance us mere mortals. Basically much depends on the particular facts of the case - go instruct a solicitor - one with a lot of experience in these cases.

BTW When the Declaration of trust was drawn up - did you both get independent legal advice?

cottageinthecountry · 14/02/2015 10:48

If your relationship was abusive and that is documented you can apply for legal aid.

Also, if you signed the declaration of trust under pressure then perhaps it's not valid?

I'm not a legal person, just picking up on things you have mentioned.

mimitin · 17/02/2015 20:20

Thank you so much for all your advice, I'm interested in your comment cottageinthecountry about the declaration not being valid could you elaborate please.
Sorry it's taken me so long to reply I haven't been on mumsnet before and was looking in my inbox I hadn't realised I'd had any replies.
I also didn't get any legal advice when I signed the declaration, it was all really quick and panicky.
I have a form called a n1 form does any one know anything about these ?

OP posts:
cottageinthecountry · 17/02/2015 20:28

I picked up on what Cadno said about getting independent legal advice when you signed the declaration, it doesn't sound right to me, as I said I'm not a legal person but law is based on what's reasonable and a rushed non advised declaration doesn't sound reasonable to me.

Get an appointment with a solicitor, only they will be able to advise.

mimitin · 19/02/2015 18:18

Yes thank you I think that's what I'm going to do??

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