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Points of claim

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  • Points of claim

    Hi, I am just wondering if anyone is able to help and shed some light on a points of claim issue for me please?

    My ex-partner and I have a house in our name (mortgage and deeds) however, my parents live in it. My parents paid the deposit and legal fees and have paid the mortgage amounts every month, they also pay the buildings and contents insurance. They have made substantial renovations in the property, such as new bathroom/kitchen/boiler and then substantial decoration throughout.
    My ex and I agreed to put our names on the mortgage as my parents are too old to get one in their own names. My ex is now claiming that she owns half of the property - however this is untrue. it was never agreed that my ex and I owned the property - we just held it in trust for my parents.

    Our civil partnership is now dissolved and we are in court to find out who is getting what. We also have another property that I live in.
    There is roughly about £40K equity in the property that I live in and the judge has recommended that we settle out of court as there really isn't a lot of money to argue about.

    Anyway, back to my parents house. They have now been invited to intervene in the court case. They were given 7 days to do so and have until the 11/10/18. They completed this yesterday.
    Unfortunately, neither my parents or I have a lot of money, and no spare cash to afford barristers (unlike my ex who has a lot of money). So my parents are trying to do this on their own and represent themselves.
    They have been instructed that they have to file points of claim by the 25/10/18 and I am wondering if anyone can advise on what they need to include in this and how it should be set out?

    I just want to say the reason my relationship broke up was because my ex had an affair - after our first appointment in court last week, her settlement figure was £50K for the property that I live in. As I have said, there is about £40K equity in the house, so she is being unreasonable (I was lucky enough to have a barrister represent me on this day and it was him who told me it was very unreasonable).

    Any help on the points of claim matter would be gratefully received as we are really struggling on how to set out and what to include.

    Thanks

    S
    Tags: None

  • #2
    The points of claim should be, basically, a list of the material facts.

    So first you'll need to sort out what those are; on the face of it, your ex hasn't put anything into the purchase of the property, has never lived there, and hasn't contributed to upkeep/maintenance - however the mortgage is in your and your ex's names. Your ex will want to come off that mortgage so can you take it over on your own or with your parents?

    How is the property registered at the land registry?

    Is there any agreement between you all, in writing, as regards ownership of the property ? trust deed etc ?

    How much is remaining on the mortgage ?

    Did your parents sign anything to state the deposit came from them ( and was a gift rather than a loan etc )

    SandraF
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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    Comment


    • #3
      SandraF thank you for your response.

      My parents have registered interest at the land registry. However, there was no written agreement (mainly because we never thought anything like this would happen!!) my barrister mentioned something about constructive or resulting trust - so I need to look into that too.

      there is about £66K remaining on the mortgage.

      The original deposit came from my Auntie in the February and my mother paid her back in the December (which is all shows on bank statements). My mum was waiting for an endowment to mature but my aunt was able to lend the money in the mean time.

      my mum has made a list of everything that she has put into the property and has proof of all of this, would she just need to bullet point it all with the costs to say how much she has spent?


      Thank you

      Comment

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      INFORMATION

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      Fixed fees for Divorce or Dissolution of your Civil Partnership will vary depending on whether you are the Petitioner (issuing the Divorce Petition) or the Respondent (you received Divorce Petition).

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