Declaration of interest

[jaycee401]

I have an ongoing property dispute with an ex partner and I have now been advised to apply to the courts for a declaration of the beneficial interests in the property could anybody tell me what this is and what it means please. thanks

[Ethel]

Typically this would occur if you have contributed to the purchase or running of the property but you are not on the registered title - you don't own it. You have acquired a beneficial interest over time.
You have treated the property as you would if your name had been on the title deeds, not as a tenant or lodger for example.

Registering your interest means that your ex partner cannot sell the property, mortgage it or put charges on it (such as a secured loan) without you being informed at the very least.

[jaycee401]

thanks ethel, i cannot understand why i need to apply for the declaration then as the property is in my sole name now as my ex (not married) transfered it from his sole name to mine and he recieved his monies (part of the equity) when the transfer was completed. he is now saying altho the transfer was completed 1.5 yrs ago he now wants some more money.

[MustafaTickl]

The concept of having a beneficial interest in property is a feature of the law of England and Wales. In broad terms a person has a beneficial interest in property and its income when he or she has the right to use that property and that income as he or she wishes. In such circumstances he or she is said to be beneficially entitled to the property and the income. Unfortunately you do not give sufficient information for me to be able to comment upon why you as sole proprietor need a court declaration of beneficial interest.

[jaycee401]

hi mustafatickle. to be honest i don,t understand why this person suggested to me that i apply to the courts (the person is a friend of someone i know,who used to be a legal advisor). the property in question i actually own, it was transfered to me by an ex partner nearly 3 yrs ago he signed it all over to me on the priviso that i redeemed him of his mortgage as stipulated on the transfer (which i did) and even gave my solicitor a letter stating that he was selling it me for �x. it just seems that becuase i have now got on with my life and met somebody else he is seeing his backside (he moved out of the house before the transfer took place then 8 months later wanted to come back to me and i refused to have him back). surley he relinquished all his rights to the property when he signed it over to me. he always said that he never wanted anything else from the house ie financial or furniture, i also have 3 friends (2 who were mutual friends of ours) who are willing to testify to this at the tribunal hearing which wil take place at the land registry early next year. he didnt start rearing his ugly head until at least 10 months after the transfer had taken place, things got so bad that i had to call the police several times and on one occassion he was cautioned under the harrasment act.

[jaycee401]

by the way i have been fighting this at the land reg for 2 yrs, everytime the LR requested statements etc., and gave him and his legal rep deadlines they never met with one deadline, he was then told to issue an allocation questionnaire and they never even submitted that, he now has to issue trial bundles to everybody 10 days prior to the hearing, my other concern now is will he do that, in fact, i doubt as to whether he will turn up at the hearing or not, if he does neither of these things do you have any idea what the LR may do. cheers for your help - very much appreciated.

[MustafaTickl]

Hello jaycee. Didn't we discuss this before some time ago? I seem to remember saying then that from the information you give I cannot see how its got to a tribunal. Presumably when the property was transferred to you the Register at the Land Registry was altered to show you as sole proprietor so what exactly is your ex claiming? As to the specific question you raise regarding bundles, if your ex does not file his written evidence before the hearing you can apply for the case to be struck out with costs to you with every chance of success.

[jaycee401]

hi mustafa yes we have discussed this before and your comments were very much appreciated. i think im just getting a bit nervous as the hearing date is getting nearer (altho im glad as i just want it sorting once and for all). when the transfer took place i was registered as the sole prop with the land reg. my ex is trying to claim that he still holds a 50% interest in the property at whatever the current day value of the property is when i come to sell.

[MustafaTickl]

I understand, jaycee. These court cases can take over your life and make it very miserable. If there isanything I can help you with just post it on Answerbank. I leave you with two Christmas photographs, the first is of my Godmother who was also the subject of an extended court case and became known in parliament and the newspapers as "the beautiful rogue". The second is of a picture she kept in the Dining Room, the upright digit expressing her contempt for her enemies. She got through it and lived a very happy life for many years afterwards, as you will. Take care.

[jaycee401]

thanks mustafa - i hope so