Property Case

[just_me]

Hi all, I am self-representing myself for a repossession hearing and am needing access to resources. Any advice is good!

[wales01man]

Re: Property Case

Shelter would be a good source of info as would be a local legal centre if you represent yourself you would have to argue the facts presented to the Judge by the other side .
Been there got repoed but had a decent judge who gave us time to sort it out before the house went

[Crazy council]

Re: Property Case

You need to put down some details,

rented or owned by you ?
amount of arrears
reason for possession if not arrears
date of application and date of hearing

plus any other factors you consider important, you should get some very good advice on here from people that have been through similar situations

[just_me]

Re: Property Case

owned by (separated) husband
arrears = six figure sum
reason for repossession - not paid on demand
Application date July 2015. Hearing June 2016

Basic story - 2005 H's parents buy him a property as a birthday present. The title was put in his name. A couple of months later they write an IOU saying that he will pay the money back when he is in a better position to do so and that the money loaned was used to buy said property. early 2007 we start dating and I move in quickly (we did know each other for 7 years) . Mid 2009 we get married. Late 2009 we relocate to Australia and rent property out with a view to selling when the exchange rate improved (GBP very bad against the dollar due to GFC). Have a couple of kids. May 2014 he walks out. June 2014 I register home rights. H's parent's fly him to UK and they enter a charge at the land registry. He returns to Aus and doesn't tell me. Nov 2014 they try to trick me into selling property saying I'll get 3/4 of it. I get a solicitor to write a letter to the conveyancer to ensure my portion is safeguarded. Sale falls through. July 2015 H gets letter giving him 2 weeks to pay. As soon as that date is up they start claim to repossess property. H has confessed that it is a sham and has provided me with emails and other documents. Phew!

- - - Updated - - -

BTW - have also posted in the VIP forum

[Openlaw15]

Re: Property Case

owned by (separated) husband
arrears = six figure sum
reason for repossession - not paid on demand
Application date July 2015. Hearing June 2016

Basic story - 2005 H's parents buy him a property as a birthday present. The title was put in his name. A couple of months later they write an IOU saying that he will pay the money back when he is in a better position to do so and that the money loaned was used to buy said property. early 2007 we start dating and I move in quickly (we did know each other for 7 years) . Mid 2009 we get married. Late 2009 we relocate to Australia and rent property out with a view to selling when the exchange rate improved (GBP very bad against the dollar due to GFC). Have a couple of kids. May 2014 he walks out. June 2014 I register home rights. H's parent's fly him to UK and they enter a charge at the land registry. He returns to Aus and doesn't tell me. Nov 2014 they try to trick me into selling property saying I'll get 3/4 of it. I get a solicitor to write a letter to the conveyancer to ensure my portion is safeguarded. Sale falls through. July 2015 H gets letter giving him 2 weeks to pay. As soon as that date is up they start claim to repossess property. H has confessed that it is a sham and has provided me with emails and other documents. Phew!

- - - Updated - - -

BTW - have also posted in the VIP forum

Hello Just Me

Ok stick to the point please which my question is, is this still a repossession matter or not? Are you saying you're living in a UK (ie England) property and H's parents are trying to get you repossessed? If H has land charge on the property is means they potentially could ask the county court judge for a court order of sale. However, only a secured creditor (ie a bank) is likely to get an equivalent order which has the effect of repossession. A land charge is usually adequate security enough (beneficial interest). You say you're separated (so still legally married) in 2014. How exactly did you register the property, and how exactly is the property safeguarded, from sale or your eviction/ repossession?

Contract = offer and acceptance at the same time. There is likely no contract that H's parents can enforce for 2005 arrangement. The property was made as a gift to H in 2005, which they were free to cancel any time up to the point of acceptance by H, ie when H put his name on property's deeds (legal interest, ie water tight). was this a gift or contract arrangement, ie a loan to pay back when H was able to afford it?

The further terms H's parents introduced a couple of months later, is an IOU to pay for the property when H is in a position to afford it. Was this a contract?

[just_me]

Re: Property Case

It is a repossession matter. I am counterclaiming that it is a sham loan. Property in question is in UK, we reside in Australia and property is currently tenanted. H's parents have applied for possession of property as the sum was not repaid on demand. We separated in Australia 2014 and both still reside there.

[Openlaw15]

Re: Property Case

It is a repossession matter. I am counterclaiming that it is a sham loan. Property in question is in UK, we reside in Australia and property is currently tenanted. H's parents have applied for possession of property as the sum was not repaid on demand. We separated in Australia 2014 and both still reside there.

Please answer my questions above.

Does H's parent have a land charge on the UK property, is it England or elsewhere? England and Wales applies to law in England and Wales, so where is the property, in England?

[just_me]

Re: Property Case

Apologies, only some of your post was showing before

Please answer my questions above.

Does H's parent have a land charge on the UK property, is it England or elsewhere? England and Wales applies to law in England and Wales, so where is the property, in England?

Yes they do - they registered a land charge in England in June 2014. The property is in England.

[just_me]

Re: Property Case

Hello Just Me

Contract = offer and acceptance at the same time. There is likely no contract that H's parents can enforce for 2005 arrangement. The property was made as a gift to H in 2005, which they were free to cancel any time up to the point of acceptance by H, ie when H put his name on property's deeds (legal interest, ie water tight). was this a gift or contract arrangement, ie a loan to pay back when H was able to afford it?

The further terms H's parents introduced a couple of months later, is an IOU to pay for the property when H is in a position to afford it. Was this a contract?

H has given me a witness statement saying it was a gift.

The IOU says in full "I, XXX, promise to repay my parents at some future date, when I am in better position do do so, the sum of XXX being the sum of money loaned to me to purchase and furnish PROPERTY ADDRESS" Signed and dated by H, witnessed by family friend.

[Openlaw15]

Re: Property Case

H has given me a witness statement saying it was a gift.

The IOU says in full "I, XXX, promise to repay my parents at some future date, when I am in better position do do so, the sum of XXX being the sum of money loaned to me to purchase and furnish PROPERTY ADDRESS" Signed and dated by H, witnessed by family friend.

If there is a land large against the property there is a claim for an order of sale. H signed it so the gift changed to a guarantee this is probably how the H's parents had a land charge on the property in 2014. He shouldn't have signed this IOU. However, as someone lives in the property ie tenanted out they probably have what is called assured tenancy rights to occupy. So the property cannot be sold. You and H both have rights to challenge any sale attempts by H's parents. You have still not answered me your rights to the property. The property was in H's name alone. What is your interest and how was it protected I have asked you this now a few time?? How was your interest in the property protected, how was it registered in your name, how did the solicitor safeguard your interest? Have you been put on the deeds for example or not?

[just_me]

Re: Property Case

I have registered matrimonial home rights on the property as we lived in it for some time after our marriage. This was entered prior to the charge held by his parents.

[just_me]

Re: Property Case

Further info - H says the IOU was only drawn up as an insurance policy just in case anything happened like a divorce in the future. The parents advanced all children money to buy property to safeguard them from inheritance tax. This is why a charge was not registered at the land registry at the first instance.

[Openlaw15]

Re: Property Case

Further info - H says the IOU was only drawn up as an insurance policy just in case anything happened like a divorce in the future. The parents advanced all children money to buy property to safeguard them from inheritance tax. This is why a charge was not registered at the land registry at the first instance.

The parents have had a land charge on the property for 2 years now any defence ie unfair debt for charge should have been made at the time in 2014. It's too late now to move the charge as it's just very unlikely the court will remove it 2 years after. The charge is likely to stay, so the point about IOU is a bit late in the day to be saying that.

[just_me]

Re: Property Case

Ok. So if I have evidence showing the plan is for them to claim the money back, let us get divorce and then return his money to him, there is nothing I can do?

[Openlaw15]

Re: Property Case

Ok. So if I have evidence showing the plan is for them to claim the money back, let us get divorce and then return his money to him, there is nothing I can do?

They're unlikely to get a sale of the property: tenants live there so they're protected and you have registered a marital notice for the property. Only if they try to get the money off you would that IOU issue be useful. They want to force the charge for sale of the property, not get the IOU money back.