Discussion:
They sold my house without my signature / consent, is this legal? can I appeal?
(too old to reply)
TIMMEH !
2010-04-11 17:04:17 UTC
Permalink
Dear Forum

Please could you offer me the benefit of your insight on this somewhat
complex legal matter

I have just barely survived an extremely acrimonious divorce to an
"ethnic minority" woman I had the misfortune of being married to for
many years, we have 2 beautiful children, I mention her "ethnic
minority" status only because I believe it has been a factor in the
way the authorities have handled her and treated me

In order to oust me from my home and sell it ( her stated intent when
I told her I was divorcing her after discovering her infidelity ) she
1st tried to get an occupation order and an injunction from the local
county court, originally citing my alleged "mental cruelty and
unreasonable behavior", on receiving a court hearing date far too
distant for her impatient nature she decided to short circuit the
process and oust me from my home by lying to the police

She rudely awoke me 1 morning screaming in my ear and telling me that
an estate agent was coming shortly to value the family home, I told
her I would not sanction the sale of my children's lifelong family
home and would not let the agent in, a screaming match followed which
upset my children so I retreated to an upstairs room, she went into
the garden and made a BOGUS 999 CALL stating "My husband is attacking
me and my children"

When the police arrived she told them that I had "grabbed her and
tried to push her down the stairs" a malicious fabrication

Despite the fact that she was totally uninjured and had not a hair out
of place I was arrested and detained in a police station for 16 hours,
during interview I was told that I could assault somebody just by
shouting at them, I thought the idea ridiculous and said "well in that
case she screamed in my ear and I screamed back at her, therefore we
are both guilty of a verbal assault"

I was released without charge BUT bailed not to go within 500 meters
of my own home, shutting me out of my entire community and preventing
me from running my home based business which I was only licensed to
operate from that address and which subsequently failed

3 months later I was charged with "Common Assault" for admitting to
shouting back at my wife, she had also claimed that I had been the
cause of a broken arm she had suffered 2 years earlier, again a total
fabrication, I was charged with section 20 GBH too an offense that
potentially carries a 5 year prison sentence!

It took a further year for the criminal matter to be tried in crown
court, I was acquitted of the serious GBH charge, she even gave
evidence from the witness box that practically admitted the cause of
her broken arm was her striking down on me, I was however found GUILTY
of domestic common assault (putting someone under apprehension of an
assault) for having admitted in police interview to shouting back at
my screaming wife, The judge gave me a discharge however I now have a
criminal record as a result of a malicious ex-wife's attempts to
pervert the course of justice. this in itself is an absolute travesty

Running in parallel to all these criminal proceedings my ex wife (who
had reported my bank cards stolen to cut me off from our finances) had
hired a lawyer who failed to get her the occupation order she had
applied for and the injunction in the terms she sought, she did get AN
injunction but only a general "you must not threaten or assault her"
type and not one which would have kept me within 100 meters of her, I
was forced to represent myself having been thrown out of my livelihood
by her malice and cut off from my finances, although she didn't win
75% of what she tried for in Injunctive relief the judge ordered I pay
75% of her legal fees (almost £6000)

Being made homeless, jobless and forcibly separated from my 2 young
daughters, and then being subjected to the extreme stress of a jury
trial in Crown Court where I could have gone to jail purely on the
false testimony of this blatant malicious liar had an extremely
detrimental effect on my health both mentally & physically, I'm sure
that she had calculated this much in advance and her motives
throughout my ordeal have been predominantly financial plus a desire
for revenge

Needless to say, I gave her everything she asked for in terms of the
divorce, children's matters and ancillary relief as I had no home for
my kids to live in and no emotional strength length to fight her and
her lawyers, the District Judge refused my request to deal with all
these matters after the stress of the criminal trial had been first
dealt with leaving me little choice but to capitulate to all her
demands

The bottom line was this, on the basis of a clean break I agreed to
give her 70% of the equity in the family home, the court order was
that it should be sold by consent through an agreed estate agent FOR A
PRICE TO BE AGREED BY ALL PARTIES her solicitor to be responsible for
all conveyancing

The property was then marketed by her but I was never consulted as to
the sale price and therefore never agreed, desperate to sell so she
could move in with her new lover she marketed the property for what I
consider £30k £40k less than she could have got, she quickly accepted
and even lower offer on the property which to my mind was £50,000 -
£60,000 less than a realistic market value

As I had not even been consulted on a marketing price by her solicitor
A BREACH OF THE COURT ORDER I refused to sign the deeds of sale and
her solicitor had me back in court, with an estate agent as his expert
witness (the same agent who had a vested interest in his sales
commission on this lowball offer) and the judge ordered that the
property be sold at this detrimental price without my signature, to
add insult to injury, the solicitor who had breached the court order
by marketing the home without my agreement on price pursued me for the
costs of this hearing (circa £2000) but failed this time to win them,
they had me in court a day before the intended exchange of contracts,
thereby forcing in my mind a FAIT ACCOMPLI

Throughout the injunctive relief hearings I was on legal aid due to my
being diagnosed with PTSD & Depression as a result of all the trauma,
my solicitors were not always present as the legal aid certificate had
limitations, I also felt that in many instances they weren't
interested in helping me as much as they would be were I a fully
paying client, I have often told them I wish to appeal matters, like
my conviction for "assault" they say they'll get back to me and never
do


MY QUESTIONS

1, I do not feel that the sale of my home was LEGAL as I (a joint
owner) had not agreed the marketing price or sale price as per the
ancillary relief court order "property to be marketed for a price to
be agreed by all parties", am I right?

2, IANAL however I did study some fundamentals of business law, *Nemo
dat quod non habet* surely comes into play here? how can a court sell
an asset it doesn't have the full legal title to?

3, Is there any place I can take this on appeal? please could anyone
recommend point of appeal or places to appeal? is selling my home
without my signature not a violation of my fundamental human rights?

4, My ex wife's solicitor is now chasing me for his costs awarded in
injunctive relief hearings, I represented myself and he lost, why
should I pay him? these hearings were unnecessary in any event because
my ex had already had me removed from my home by lying to the police,
she had already had me excluded from a 500 meter radius of my home
therefore the court couldn't have given her any better "protection"
than existing police bail, how can I go about appealing the award of
costs ? again is there a higher court I can take this to?

If you've made it this far, Thanks for listening & thanks in advance
for all your help

Much appreciated

Tim
Barry Scott
2010-04-11 16:08:34 UTC
Permalink
Post by TIMMEH !
If you've made it this far, Thanks for listening & thanks in advance
for all your help
Much appreciated
Tim
Put your shoes on and walk away. The quicker the better.

Ps this is *not* a forum.
TIMMEH !
2010-04-11 17:23:12 UTC
Permalink
Post by Barry Scott
Post by TIMMEH !
If you've made it this far, Thanks for listening & thanks in advance
for all your help
Much appreciated
Tim
Put your shoes on and walk away. The quicker the better.
Ps this is *not* a forum.
Thank you for your help

PS That was not help

; o )
Steve Walker
2010-04-11 19:17:07 UTC
Permalink
Post by TIMMEH !
On Sun, 11 Apr 2010 19:04:17 +0200, TIMMEH !
Post by TIMMEH !
If you've made it this far, Thanks for listening & thanks in advance
for all your help
Much appreciated
Tim
Put your shoes on and walk away. The quicker the better.
Ps this is *not* a forum.
Thank you for your help
PS That was not help
; o )
No, it was advice. And probably good advice too. Entrapment in a
bitterly-disputed divorce is toxic for excluded fathers, who develop
horrifying levels of mental health problems, drug & alcohol, bankruptcy etc.
The mother still has some familiarity (note the meaning of that word) around
her - the kids, or the house, or maybe just the furniture. The father
frequently has noting except bills, writs and cruel accusations.

Write a warm sincere letter to your children, telling them that you love
them dearly and if they wish to resume contact when they're older then
you'll be there for them. Give copies to grandparents, solicitors and
school headmasters so that the truth is widely known.

Then pack a suitcase and get out of town. If you can't go abroad, move at
least 100 miles away. Keep 2 or 3 trusted friends & relatives aware of how
you can be contacted, but otherwise just walk away from it all. Make a
fresh start, maybe even try a fresh trade or career, but maintain the mental
discipline to look ahead with a smile. Ruminating over the tragedy of your
marriage will grind you down.

Good luck, and sincere sympathy.
TIMMEH !
2010-04-12 00:05:45 UTC
Permalink
Post by TIMMEH !
On Sun, 11 Apr 2010 19:04:17 +0200, TIMMEH !
Post by TIMMEH !
If you've made it this far, Thanks for listening & thanks in advance
for all your help
Much appreciated
Tim
Put your shoes on and walk away. The quicker the better.
Ps this is *not* a forum.
Thank you for your help
PS That was not help
; o )
No, it was advice.   And probably good advice too.   Entrapment in a
bitterly-disputed divorce is toxic for excluded fathers, who develop
horrifying levels of mental health problems, drug & alcohol, bankruptcy etc.
The mother still has some familiarity (note the meaning of that word) around
her - the kids, or the house, or maybe just the furniture.  The father
frequently has noting except bills, writs and cruel accusations.
Write a warm sincere letter to your children, telling them that you love
them dearly and if they wish to resume contact when they're older then
you'll be there for them.    Give copies to grandparents, solicitors and
school headmasters so that the truth is widely known.
Then pack a suitcase and get out of town.   If you can't go abroad, move at
least 100 miles away.   Keep 2 or 3 trusted friends & relatives aware of how
you can be contacted, but otherwise just walk away from it all.   Make a
fresh start, maybe even try a fresh trade or career, but maintain the mental
discipline to look ahead with a smile.   Ruminating over the tragedy of your
marriage will grind you down.
Good luck, and sincere sympathy.
Thanks Steve

She moved the kids out of town to where he lover is so they're about
an hours drive away as it is

Despite the trauma of being forcibly separated from your kids, kicked
out of your home & business and maliciously accused / put on trial for
serious evils I have not succumbed to self harm / drugs or alcohol, in
fact the gym has been my only salvation throughout this intensely
traumatic ordeal, I'm very anti-drugs & even refused pharmaceuticals
opting for counseling alone instead

Ever since this hit the fan I've wanted to relocate overseas but I
know my daughters will need me to be here for them at some stage,
their mother is a sociopath and a controlling, manipulative bully who
regularly beats them, as much as I'd love to join my Father in
Australia I just couldn't do it to my kids

Cheers
harry
2010-04-12 07:18:21 UTC
Permalink
Post by TIMMEH !
Post by TIMMEH !
On Sun, 11 Apr 2010 19:04:17 +0200, TIMMEH !
Post by TIMMEH !
If you've made it this far, Thanks for listening & thanks in advance
for all your help
Much appreciated
Tim
Put your shoes on and walk away. The quicker the better.
Ps this is *not* a forum.
Thank you for your help
PS That was not help
; o )
No, it was advice. � And probably good advice too. � Entrapment in a
bitterly-disputed divorce is toxic for excluded fathers, who develop
horrifying levels of mental health problems, drug & alcohol, bankruptcy etc.
The mother still has some familiarity (note the meaning of that word) around
her - the kids, or the house, or maybe just the furniture. �The father
frequently has noting except bills, writs and cruel accusations.
Write a warm sincere letter to your children, telling them that you love
them dearly and if they wish to resume contact when they're older then
you'll be there for them. � �Give copies to grandparents, solicitors and
school headmasters so that the truth is widely known.
Then pack a suitcase and get out of town. � If you can't go abroad, move at
least 100 miles away. � Keep 2 or 3 trusted friends & relatives aware of how
you can be contacted, but otherwise just walk away from it all. � Make a
fresh start, maybe even try a fresh trade or career, but maintain the mental
discipline to look ahead with a smile. � Ruminating over the tragedy of your
marriage will grind you down.
Good luck, and sincere sympathy.
Thanks Steve
She moved the kids out of town to where he lover is so they're about
an hours drive away as it is
Despite the trauma of being forcibly separated from your kids, kicked
out of your home & business and maliciously accused / put on trial for
serious evils I have not succumbed to self harm / drugs or alcohol, in
fact the gym has been my only salvation throughout this intensely
traumatic ordeal, I'm very anti-drugs & even refused pharmaceuticals
opting for counseling alone instead
Ever since this hit the fan I've wanted to relocate overseas but I
know my daughters will need me to be here for them at some stage,
their mother is a sociopath and a controlling, manipulative bully who
regularly beats them, as much as I'd love to join my Father in
Australia I just couldn't do it to my kids
Cheers- Hide quoted text -
- Show quoted text -
The preceeding advice is good. Take it.

Continue reading on narkive:
Loading...