Nikha Marriage and received a part 8 claim

Hi, i was married by way of a Nikha but never had a civil service, we have 6 children 5 live with me and the youngest is 5, our older daughter who is 20 lives with mum.

We seperated and she left me with the children, which I make no complaint and the matter was decided by a court under a child arrangement order.

We own two propereties jointly, one is mortgage free and the other is a rental property which has a mortgage on it.

I have received a part 8 claim in which she says she is seeking an order for sale and 50% share of the equity from the sale of both properties, she never worked or contributed to the finacial side of things although she did raise the children whilst i worked.

Can she force the sale of the house despite the childen living with me and leave us on the street?

Is she usuing the correct way of sorting this out and will a court make an order for sale.

I cannot afford a solicitor as she makes no contribution to the children at all.

many Thanks

Part 8 of the civil procedures act?.

Does TOLATA ring any bell?

Thank you for your reply, no nothing agreed in advance

If you did not have a civil ceremony as well, then the marriage is not recognised in the UK. This means that you are treated like an unmarried couple. You can still claim maintenance for children under 18. Go through CMS if necessary.

Property matters are dealt with in a different way too. If a property is in joint names, it would be split 50:50 (unless a deed of trust specifies different shared). If it is in one name only, a claim for beneficial interest may be made.

Unlike in family law where each party pays their own costs, in property law the loser pays ALL the costs. That means it can.be a very expensive business. You would be well advised to get advice from a solicitor who specialises in property law.

Hadenoughnow

There is some information on the Trusts of Land and Appointments of Trustees Act 1996 (TLATA) on the Legislation.gov website.

As you cannot afford a lawyer, perhaps try to assess whether you may be better to try to come to a settlement outside court.

A court would look at the realistic equity in the two houses, (deduct the mortgage from the value of the mortgaged house - the value should be a realistic selling price in today's market) then deduct say another £3-5K for selling agent's fees.

If you then deduct any deposit laid down by you (I gather from a quick Internet search you'd be likely to retain that in full, but you'd need to check with an expert).

The 20 year old will be considered independent, but there will need to be some adjustment for the provision for the other children who live with you in one of the homes.

Take off your legal fees, and you may have some idea of the amount left to be split.

You need specialist advice. You might start with a free consultation with a lawyer in property law, but also try the local C.A.B.