Bad separation - Rights with Tennants in Common & Trust Deed

by Janedoe2011 26 January 2012  |  1 comment  |  Love  0 loves
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I have split from my partner of 20 years We have 3 properties 2 btl and 1 residential. she is on the mortgage for all 3 but we have a trust deed set up and restrictions placed on all 3 Land registries. The trust deed states :

* we have contributed equal shares towards the aquistion of the property and the mortgage

*ex has agreed to hold the property as trustee upon the trusts as hereinafter provided

* ex conf they hold the property as trustee upon trust to sell the same and to hold the net proceeds of such a sale and the net income in favour of:- *1) mortgage company

2) the residue after such payment to be divided equally between us to the intent as between "us" as we each hold respective shares as tennants in common.

3) save under and order of the court "ex" hereby agrees that shall not effect a sale of the property without the written consent of me

4) the trustees for the time being shallhave full power to set mortgage, charge lease or otherwise dispose of the said property or any part thereof with all the powers of the absolute owner.......

"ex" is the only person on all 3 mortgages.

Bad separation....Bitter ex partner over an affair they had!. I have had all my clothes removed from the house and left in a case on the doorstep and the locks have been changed. All entry refused even to see my children. Ex is unwilling to co-operate with me at all and calls the police every time i vist my home of the last 15 years to see my children.

Firstly can you help with what actual rights i have to all 3 of our properties as everyone i ask says to ask someone else its not their field.

Can I be refused entry?

Can ex sell the properties without my consent?

Ex has rendered me homeless, do have I a right to live in one of my btl properties?

As I am TIC on the btl properties do I have a say on who can and cant reside, can ex issue section 21 notice without my authority?

And finally in a bid to draw some closure to "ex" can I easily transfer my share of the property to a daughter. Pure and simply to replace me on all 3 land registries and TDs so that "ex" doesnt have to carry this on. I am happy to give my share of all 3 properties to my children now.

I am in dire straights and cant seem to find help anywhere.

hope you can help!