co-habiting. trust of land and appt. of trustees..

Hi everyone I am going to court with my ex cohabiting partner and the solicitor is quoting the above act, we own 2 properties in both our names and there is no equity in either with the current economic conditions. we will probably be in neg. equity with the house he is staying in...I live in a separate rented property as he would not leave me alone, and would break into either property no matter where I was and steal things and use abuse and violence. He got very crafty and knew exactly how to play the law. so in this rented property he is not on the mortgage or tenancy agreement which has made it harder for him togain any access to steal or intimidate me, or abuse and use violence.

Hi there

Are the properties in joint names?

If not are there deeds of declaration?

If not what was your agreements in respect of them?

Where did the purchase monies come from?

Who paid the mortgages?

What has he applied for (i.e. is it an order for sale?)?

What are the valuations?

What are the outstanding mortgages?

Post that and I can try to help you.

Amanda

properties are in joint name, 50/50

the one, I financed everything, mine for 10 years, and I had it rented out to his niece until the 24th and I received the rent and paid mortgage and managed it and paid insurances and ins cover, etc. she underpaid me all the time and i made up the payments

he financed the other and paid the mortgage and I paid all other bills, inc. his gym membership, i paid for all the food and all living expenses, gas, water, council tax, elect,sky, phone, broadband, etc

the first is valued at approx £105,000 now (was ?£145,000 a year and a half ago), mortgage o/s £105,000

his that he lives in is valued at approx £175,000 -185,000 (£230,000 a year ago), mortgage o/s £195,000

The solicitors tried to get us to agree to a Separation Agreement where we do our best endeavours to get each ohter off the mortgages and indemnify us from each others, me keeping the cheaper one and him the one he paid for. I do not for one minute trust that he would get me off the mortgage and do not want to be on the mortage for the next 15-18 yrs. He cannot get a transfer of equity for the bigger property and is lying to the solicitor saying he can but doesn't come up with the proof. mine is on a buy to let basis and so wouldn't affect him, and I could re-mortgage if I wanted to , this is in 2 mths arrears now. So I am going to court as I want a more solid closure as he thinks he is above the law and I do not want a financial tie with him. No children with him, I have 2 16 yr old boys still in school


Thanks Amanda
Marisa

i also cannot live in the other prop. the cheaper one as he will break in steal, abuse and violate me. He will use the fact that he is on the mortgage to get away with this and always seem to get away with it with the police, I also do not have keys as him and his niece changed the locks and i have mno access.