Solicitor's Letter Is Being Ignored.

[jourdain2]

This goes back to my post on Family, 29/11/16. Stepson has walked out on long-term partner and refuses all contact except on own grounds, will demand entry to house for things he wants. He has not contacted any member of his family since then. Mr J2 had sent cheque for birthday days before we knew of this and it has not been cashed. Massive mid-life crisis & I am certain he has had a breakdown (he has behaved cruelly and callously as if no family matters at all).

However, poor partner (Teaching Assistant, not well-paid and rest of family is solidly with her) is trying to keep largeish house in Devon going (she owns 1/3rd) - he has told her that it will be on the market next month. He is living with new woman in rented house (we have discovered they are illegally subletting) and refuses to pay any part of household bills (e.g. rates). The solicitor she consulted says that he must pay his part and wrote to him a month ago - no response. This cost her £50 and she simply can't afford to keep doing it.

Any help out there, please? Stepson just won't speak to anyone.

[murraymints]

she can if she fears for her safety !

[Islay]

Owner Occupiers – Your rights
Never agree to give up your half of a home without taking advice first. If you
become homeless and you have voluntarily given up your home the Council
may decide you are intentionally homeless. There will then be no duty to find
you a new home.
Joint Owners
If you are a joint owner you have an absolute right to live in the property unless a
court order has removed that right.
To transfer ownership to one of the joint owners is much more complicated than for a
tenancy. You cannot use the Family Law Act. You can use The Matrimonial Causes
Act and sometimes the Children Act. A court would weigh up whether it is
reasonable to transfer ownership and whether you would be able to afford to remain
in the property.
This is a very complicated area of law and you should always consult a solicitor in
cases like this.

[Islay]

Murray is there any evidence that she is a victim of domestic violence?

Whether you are a tenant or an owner occupier there are legal steps you may be able to take to remove a violent partner from the premises and to make the premises more secure.
You should always report domestic violence to the police.

[murraymints]

I agree that under the circs it would be better to relinquish the house and move on..but sort accommodation and civil rights out first....short term I'd stay put..longer term make plans to sell up and move on....

[murraymints]

none at all Islay....but if that scenario fits...and she could..if that is the case have a police presence if he calls round.....

[ummmm]

Unless there's a court order she can't deny him access.

[Islay]

exactly ummmm

[murraymints]

I was able to ..with police advice and also their presence ....but there had been violence..no court order though !

[jourdain2]

Thanks for info. re access, all. No physical violence, just appalling mental and emotional cruelty. I'm very grateful for all hard facts. I warned her last night about the danger of making herself homeless and that if she agreed to move out the council would have no obligation to help. She has promised not to sign anything at all without advice, phew! I think I'll ring Shelter myself today and see what they say. Thanks again. : /

[EDDIE51]

Yes good idea, we on here try to help but this is a complex area and she really does need expert advice.
Mental abuse is just as bad as if not worse than physical abuse and is treated in the same way by the law. The mental abuse will ( in my opinion) be a major factor in getting the 'declaration of trust' set aside, it clearly was obtained under duress! Also a 'declaration of trust' must apply to both sides and SIS has proved he has no 'trust' whatsoever by his unreasonable action!
Most important is DO NOT under any circumstances let her give up the house voluntarily as that definitely would count as making herself intentionally homeless and give her no hope of accommodation from the council.
The mental abuse she has suffered should also be grounds for refusing him access to the house. In this respect it is treated equally to physical abuse. Make sure this is brought to the attention of whoever is providing her legal help. It will also be a factor in her favour towards being granted legal aid! So get her to apply for it ASAP ! Once she has it she will be in a much stronger position to fight this case!

[jourdain2]

EDDIE Thank you, you are positive force coming through and helping me (and therefore D) to keep on track. I definitely got the message through about not signing anything. Thanks again for update on the status of mental abuse. Rob Titchener eh! Poor D was abused by her first husband, belittling etc. and so now it is hard to bolster her feelings of self-worth. I'm going to give her a couple of days, now I am sure she won't commit to anything, as I don't want her to feel that I am now 'bullying', her. It is so very delicate. If push comes to shove we will find a Travelodge (take dogs) and go down to face things out. Mr. J2 may be the one to keep her at the point of action - he is willing - as she may well respond better if he is advising. Meanwhile I'm doing the discovering and 'emergency aid'.

Sorry I left reply so long. Making and eating dinner and then a Parish Council meeting about anti-social motorbikes and speeding. This is peaceful retirement? Granddaughter also now got bug. (Is there an emoticon for throwing up your hands in despair!)

[EDDIE51]

I know how you feel, I have 12 Grandchildren and I just can't work out how I ever had time to go to work full time! There is always one or other of the kids or Grandkids needing Dad or 'Pops' ( my Grandkids name for me) to do something. They saw a program about steam trains today so now Pops has to take them to the Nene Valley railway so they can ride on one!

[jourdain2]

Have fun! Our nearest steam is the North Yorks Moors. Think grandson will want to go on that soon. I'd rather be busy and of some use to society - finding 'rescuing' poor readers very satisfying - but why don't others volunteer? Ah well, that's for another thread. I'll get back on this when I have something to report - or someone gives an additional nugget of info. 'night and, yet again, thanks. :)

[Barmaid]

I am sorry, I wasn’t around yesterday so only just seen this.

Firstly, if there is no domestic violence, legal aid will not be available.

However, it seems to me that there is domestic abuse. I would suggest that she contact one of the DA helplines. http://www.ncdv.org.uk/ They may be able to assist with an occupation order or a non molestation order. That’s the first thing.

Second thing is the Declaration of Trust. This normally sets out the ownership of property. And yes, they are legally binding as long as the correct formalities have been followed. I am sorry to say that if she signed it the chances of it being set aside are almost nil.

// I've pointed out that his very unreasonable behaviour in importing his inamorata would invalidate any agreement and that advice received holds that it is not binding as it was signed under duress. She quibbled a bit about that, but I pointed out that he stipulated it as a condition of buying the house and that was duress./ Whilst I fully sympathise with the situation, I think that it is fundamentally unlikely that it would invalidate the DoT. Setting a condition like this when buying a house does not amount to duress. Naturally I do not know the full terms of the DoT, but I do consider that having it set aside (particularly when she had legal advice) is probably unlikely (not impossible, I might add, but on the basis of what you have said, unlikely).

I would suggest that IF she can afford it, she instructs a barrister on a direct access basis. That way she will only end up paying one fee and they will only do as much (or as little) as she can afford.

[jourdain2]

Well, thank you for responding, Barmaid. Not such good news, but we need to know where we stand. No way she could afford a barrister's fees (I think they are huge, over £100 per hour, is that right?) A T.A. earns around £15K

[Barmaid]

You might get a junior junior for about £120 + Vat. They tend to be quite cost effective because they will go straight to the nub of the issue. Solicitors hourly rates are often a lot more (they have more overheads).

One place you might be able to try is the Bar Pro Bono unit.

[Buenchico]

A link to go with Barmaid's post:
http://www.barprobono.org.uk/

[jourdain2]

Thank you both very much. Not looking 'right' is it? Glad I've not pressed too hard. Poor D is a gentle victim in this. Does anyone know if it is correct that the part-owner of the house has a right to occupy it, please? If so we can go with advising the estate agent that there is a sitting tenant.

TBH I am quite upset for Mr. J2 as these revelations about his eldest son come out. It is hurtful to say the very least and the thought that the DoT was callously implemented is a bit of a killer.

[Barmaid]

Both of the co-owners have a right to occupy (subject to the terms of the DoT). If she gets an occupation order tho, that should keep him out. But be aware that her share of the sale proceeds could be charged with an "occupation rent" which is normally the market rent (in this case she would pay 2/3rds). Each case turns on its facts though.

[Barmaid]

Just another quick thought. She could try the family mediation service.

http://www.nfm.org.uk/

Although I get that this could be difficult if he wont engage with anyone.