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Will Goodfellow

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  1. What is it that you want to protect yourself from? There seems to be no doubt that he is entitled to equity from the property, whether he decides to pursue that or not is up to him. There is not much that you can do to stop that if he decides he wants to claim his beneficial interest. Maybe you can speak to him and find out what his intentions are, that way you can be more prepared and are not left guessing. If he is not interested in receiving his beneficial interest, ask him to sign a consent order to make it legally bindind, then you can stop worrying about the house.
  2. It's impossible to state who is entitled to what equity with such limited information. Lots of various factors will be considered when apportioning equity in a divorce. Any decision made needs to be agreed between parties or decided by a judge but either way a solicitor is required.
  3. The equity split is not calculated purely on how much capital you contributed to the household but circumstances at the time. For example, you mentioned that for the last five years you have paid two thirds of all bills/mortgage and your husband a third. What was he doing during that period, was he looking after your children mostly or looking after your house doing housework etc? They are factors which will be considered. If you can agree on how any equity is split, you can sign a consent order. If you cannot agree, a judge will decide on what proportion you receive and a financial order will be made. Either way, you will need to speak to a family solicitor as any agreement made through mediation will not be legally binding without a consent order.
  4. As you have no income, you should complete a benefit check to see if you are entitled to any benefits: https://www.entitledto.co.uk/ You can submit the N244 before a warrant of eviction is granted but all that would do is reset possession proceedings. It is likely that Brittainia will continue with possession proceedings anyway even where the possession order is successfully set-aside. The issue is that you have very little to offer and Brittania is unlikely to agree to let you live in the property indefinitely until you sell it while paying £10 per month, that could take months/years. It wouldn't let you capitalise arrears because you can't meet the mortgage repayments even if they were. I'd suggest that you speak to a housing advice organisation such as Shelter for assistance, it can gather further information and advise on what your best course of action is: https://england.shelter.org.uk/
  5. I should add that they cannot force entry with a warrant of control for an order for recovery, which this warrant is. Where bailiffs are enforcing a warrant of control for a magistrates court fine they can seek permission from the court to force entry but that is rare.
  6. The bailiffs cannot visit unless you have received a notice of enforcement given you 7 clear days notice first. They can only charge a fee to visit you once so it's not in their interest to keep visiting. It might take time to get a response from your councillor/MP so be aware for now. If they visit lock your doors, it doesn't matter if you are locked outside with your kids, they won't hang around long if they can't see a car and you know they can't force entry. Take the kids to the park or somewhere for half an hour if they turn up (not in you car ).
  7. Bailiffs can't force entry with a warrant of control, dx100uk, it's not even rare, it can't happen where there is no controlled goods agreement that has been breached.
  8. It sounds as if you have a penalty for "Using or keeping an untaxed vehicle without a SORN" as it was spotted on the street. You now have a chance to settle the out of court penalty otherwise it's a magistrates court fine. If that is not paid, your vehicle will be clamped. If you are certain that you were not on the street mentioned, you can contact the DVLA and argue your case or plead not guilty in court.
  9. Keep your doors locked and do not let the baiilffs in, they have no right to force entry but can enter if a door is unlocked. If you own a vehicle, park away from your property so they cannot find it. Eventually they will give up, the debt will be passed back to Harrow council and the enforcement fees will be removed from the debt. You can then set up a repayment plan with the council to pay it in instalments.
  10. Did you claim the 25% discount only? If so, you need to claim a council tax reduction too if you have no or low income.
  11. As you are married and have been living together, if you divorce, he is likely to have a beneficial interest in the property even though the house is in your name. You also have a beneficial interest. His beneficial interest is a proportion of the equity in the property and so is yours. That proportion is calculated by a number of factors. The deposit from the sale of your flat will be considered and other contributions to the household while you lived together. Your beneficial interests could be split 65:35 for example in your favour. He could decide that he doesn't want his beneficial interest and give it to you. You can make an amicable agreement together but to make that legally binding, you need a consent order. If he claims his beneficial interest and you want to keep the property, you would need to' buy him out' or pay him his beneficial interest. That can be agreed with a consent order too. If you cannot agree what your beneficial interests are, you would need to apply for a financial order where a judge would decide in family court. At this point, if you cannot pay any beneficial interest he is awarded, you may need to sell the property in order to release the equity. You then can buy another property with your equity if you want to. Either way, you would need to speak to a family solicitor and either agree to a consent order or apply for a financial order. You can carry on as you are but he could claim his beneficial interest at a later date. Although it will diminish in the long term and as the house is in your name, he may lose it altogether eventually.
  12. It's a complex situation so not easy to help. Because you are a director, does not mean that you are not entitled to any benefits. Entitlement is based on your capital and income. You can do a benefit check online to see what you are entitled to: https://www.entitledto.co.uk/ What's the term left on the mortgage, are you joint tenants or tenants in common? Do you want to divorce or not? What exactly do you want to know?
  13. It's not illegal to park on double yellow lines for a while when loading or unloading. Also, there is another possibility apart from the van reversing, you turned too sharply and clipped the van.
  14. If there is no disposable income over £20 per month, there would be no income payments agreement/order and all debts owed at the time of the bankruptcy application would be written off, the bankruptcy would be discharged after 12 months assuming there is no bankruptcy restrictions order in place.
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