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Hi. My ex, cohabiting partner has issue a TOLATA claim against me, to force a buy out of our shared Jointly owned property. We are registered as Joint Tenants but have a Deed of Trust, stating our protected initial investments (we bought the flat outright). Of which she paid the majority. We have a nine year old son. I have read a lot about using Schedule 1 of the Children's Act as a defense to priorities the child's interest first. meaning in this case, protecting my right to stay in the property until he is 18. We share him equally in time and costs.
The TOLATA claim has already been issued and heard at a Directions hearing. And she is using the different initial stakes registered in the Deed of Trust as reason to have first refusal to the property. The Deed of T also gave her first right to remain in the property until its sale, however she has already moved out to another property she owns outright.
Is it worth me using the Sched 1 option. And if so, how and when do I put it forward. Now, or after the TOLATA trial?
Does the Sched 1 option enable entitlement to the present property, or can it be for any property that the claimant is able to offer, such as a rental?
Many thanks in advance
D
The TOLATA claim has already been issued and heard at a Directions hearing. And she is using the different initial stakes registered in the Deed of Trust as reason to have first refusal to the property. The Deed of T also gave her first right to remain in the property until its sale, however she has already moved out to another property she owns outright.
Is it worth me using the Sched 1 option. And if so, how and when do I put it forward. Now, or after the TOLATA trial?
Does the Sched 1 option enable entitlement to the present property, or can it be for any property that the claimant is able to offer, such as a rental?
Many thanks in advance
D
