Proving Beneficial Interest

[multitrackhelp]

I have decided to do this, although knowing they are as slippery as an eel, it is worth and shot , i believe i can be there to ask the questions so i shall be doing that

[steampowered]

On what basis do you believe the Defendant to have an equitable interest in this property? Getting an equitable interest in property is not easy.

 

I think we would need to understand that to understand what evidence you would need.

[multitrackhelp]

On what basis do you believe the Defendant to have an equitable interest in this property? Getting an equitable interest in property is not easy.

 

I think we would need to understand that to understand what evidence you would need.

 

Hi. Do you mean equitable interest or beneficial interest. I was led to believe they are two different things. Am.i wrong? From what I know those with equitable interest also hold the legal title.

 

Please correct me if I am wrong

 

If you do actually mean beneficial interest I believe that he used money and put in his partners property for the purchase as a way of hiding it.

Edited February 14, 2018 by Intotheblack

[unclebulgaria67]

Steampowered may reply at some point and they know much more on the legal side of things.

 

My understanding is that you can claim BI, but to actually translate this into releasing equitable interest, is a different matter.

 

This would be the same type of issue, when you have one person owning a house over a period. They then invite a boyfriend/girlfriend to move in with them. After say 2 years the relationship breaks up and the boyfriend/girlfriend tries to claim interest in the house. Proving that any general spending towards the house has entitled them to any equitable interest would be very difficult. If the house was now in negative equity, would the boyfriend/girlfriend share in this negative equity, related to the time they were living in the house ?

 

I think the interest issue is far too complex and costly to become involved in, with very little prospect of seeing any money.

[steampowered]

Hi. Do you mean equitable interest or beneficial interest. I was led to believe they are two different things. Am.i wrong? From what I know those with equitable interest also hold the legal title.

 

Please correct me if I am wrong

 

If you do actually mean beneficial interest I believe that he used money and put in his partners property for the purchase as a way of hiding it.

 

Equitable interest and beneficial interest mean the same thing, i.e. someone who is an owner but may or may not be registered on the land registry.

 

Legal title is something different, i.e. who is mentioned on the land registry.

 

When you say he 'put the money in his partners property', what do you mean by this? Do you mean that he used the cash to buy the property or do you mean she already owned the property but he repaid the mortgage?

 

I have to say, while I'm not fully into the details, it is not sounding like the charging order route is likely to be successful here. As the wife owned the property from the very start and there has been no transfer, I think you are going to struggle. If the property was jointly owned to begin with but was recently transferred to be in the wife's name only you might have had more luck. Orders for sale are very difficult to get even after you have a charging order anyway.

 

I would be tempted to try other options for enforcement. Potentially HCEOs?

[multitrackhelp]

The property is owned outright by the mrs.

I believe he gave her cash towards the purchase price and it's in her sole name

[AndyOrch]

The property is owned outright by the mrs.

I believe he gave her cash towards the purchase price and it's in her sole name

 

Then there is nothing you can do with regards to placing any Charge or Restriction...as advised other methods of enforcing a judgment.

[steampowered]

If the property was purchased before your CCJ, I don't think you could prove that the husband has a beneficial interest in the property.

 

You can gift someone cash to buy a property without giving them a beneficial interest. There would only be a beneficial interest if the parties had agreed to that. The only way I could see you proving that is if you could prove that the gift was made simply to stop you from enforcing the CCJ. It does not sound like you could prove that in this situation.

 

Sorry.

[multitrackhelp]

My only option would be to attempt to make him bankcrupt as the gift would be classed as a transaction under value and there is another section in insolvency act about defrauding creditors ( not in the criminal sense) which means the gift could be reversed. But that would be very costly and no guarantee the receiver/IP could prove it or even investigate it

[multitrackhelp]

I will go down the oral examination route now.

[steampowered]

If there was a transaction defrauding creditors, that could be used as a basis for suing the wife for this debt.

 

However I don't understand how gifting money before you obtained the CCJ, after all you say the house has always been in her name and that there was no transfer, could be a transaction designed to defraud you?

 

Could be worth having a go at sending HCEOs to the property - even if the property is the wife's, the husband may have assets there, or he may have a car.

[multitrackhelp]

I think I might have mis read something so ignore that

 

I am going to do the oral examination route then see what they throws up. Then HCEO if needed

 

Thanks everyone for helping out on this subject

Edited February 14, 2018 by Intotheblack

[AndyOrch]

Subject.?..hope this is not part of an exam paper

[multitrackhelp]

I wish it was

[Guest]

Subject.?..hope this is not part of an exam paper

(hence #3)