Re:Court Order of Sale & Declaration of Trust

Hi all,

I thank you in advance for anyone who takes the time to post a reply.

I'll try and keep it as laconic as possible.

I moved in with my ex partner in August 2008. Two weeks after being made redundant, in March/April 2009, we split up. I moved out of the house and put my belongings into storage. When we bought the house, my ex partner put down a large sum of money as the deposit. To protect her interest, I suggested that we get something legal to state that if we break up then she gets her money back and then any remaining proceeds are split equally. And so, a declaration of trust was drawn up by our solicitor during the conveyancing process. It also stipulates, and I reiterate verbatim, “The parties have agreed in the event of separation ie if their relationship comes to an end there should be no ­object­ion by either party to the sale of the property”.

Now the problem is this: my ex partner refuses to sell the property.

I have been back to the solicitor who drew-up the Declaration who has, ultimately, washed her hands of it as it is “not what she usually deals with”. Her advice was to get another solicitor. The problem with this is that I am very low on funds. After losing my job at the start of the year and my ex emptying the joint account without my knowledge (just over £9,000 and included my last salary) I just don’t have the money to pay solicitors, barristers and the courts. I’ve tried to get a no-win, no-fee solicitor and for them to reclaim the costs from the proceeds of the sale of the house but I just can’t seem to get one in this climate.

Is there any way I can do this myself to minimise costs? I have a downloaded a Claim Form Part 7 (obtained the advice from a thread online somewhere) but do I need a solicitor/barrister to complete this or sign it?

My ex has refused to play ball for 6/7 months and I’m really struggling to cope. I just want my name taken off the mortgage or the house to be sold. Neither of which are happening. The mortgage was on a 6 month holiday but has now expired and it needs to be paid. I cannot afford to pay it and understand that she has agreed an interest only mortgage for 3 months. I feel that she will look to move someone else in so that she can continue with the mortgage. The problem is that I do not want to be responsible for the mortgage whilst this happens. My ex is a heavy drugs user and I simply cannot be legally responsible for the house with her in it. I’ve considered voluntary repossession (I’d rather not have this against my name, I would like to get another mortgage) but need her to agree to this.

My ex just seems to bury her head in the sand and hope that the problem will go away. Meanwhile, I’m left living out of a suitcase with the burden of an expensive house around my neck.

Please, can anyone help? I just don’t know what to do next and this has been going on for so long. I just want to move on with my life.

You can complete it and sign it yourself -it does not have to be undertaken by a solicitor.

Hi
I'm in a similar boat. Could you please tell me how you got on. My court proceedings stipulated that my wife could live in the house until her death and she died in November. The executor /beneficary is holding back the sale and it has a statutory claim against it. I have printed off the Claim Form, the part where you are up to so can you tell me what to do next. I have no further money for a solicitor. Many thanks

Was the order to which you refer made in ancillary relief proceedings? This sounds very much like a Martin order in which case what claim is the executor/beneficiary pursuing? Unless s/he intends to purchase your share of the property a sale seems inevitable. Have you asked how your share of the property is to be realised?

Charles