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Legal matters

Proceeds from house sale and solicitor

2 replies

One2another · 17/06/2016 16:56

I've had a traumatic few months. I left an abusive relationship and am waiting in homeless accommodation to rent a council home with my 2dc. I work part-time and am currently applying for legal aid for divorce proceedings and child access. The matrimonial home has been sold. The sale goes through next month. It's a 50/50 share between me and ex dh so approx 8k each.
My solicitor had asked me to sign an agreement that all sale proceeds of the house will be transferred to her to lay my legal costs until the legal aid application is final. (Legal aid app is a nightmare never ending process)
So basically she wants to keep the money so if legal aid doesn't go through their bill will be paid. If legal aid does go through I get it back. (Legal aid have said I can keep anything under 13k) I really need the money for when I get a house to set up a home for the children. I had thought I could have paid the solicitors bill in instalments. Just now the bill is estimated at 6k.
I'm in Scotland also if that makes a difference.

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One2another · 17/06/2016 16:57

Oops, What I'm asking is do I have to sign all the money from sale of house to her??

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MarlowWills1 · 18/06/2016 10:37

Presumably you've already signed the agreement?

The solicitors have taken quite a big risk in taking your case on without either payment in advance, or a legal aid certificate in place. Usually they wouldn't do any work for you until they had either funds or a LA certificate, so if you've already agreed in writing to pay their fees from the proceeds of sale, there isn't much you can do tbh.

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