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funding divorce

(5 Posts)
fairiesinthegarden Wed 28-Sep-11 12:32:26

Hi, this may not be the best place to post this but it seems busier here than the divorce board.

My marriage brokedown last Christmas. For various reasons (which I won't go into as it would fill pages!), I've left the FMH with my son (not his) which is jointly owned and now rent a family member's empty house. Now my problem is that ExH is in the FMH and, despite us having verbally agreed to put it on the market this has not been done and of course he has no inclination to do so. Neither of us can afford to buy the other one out.

As I understand things, I can only force a sale by getting a court order as part of the divorce process. BUT, I have no means of funding a divorce until I receive the equity from the house (ie: solicitor's and court fees etc). I feel I'm in a catch 22 situation. Can't divorce without my share of the equity/can't get my share of the equity unless I get divorced. What are those like me supposed to do? I've tried using the Legal Aid calculator to see if I would qualify for assistance. It says no but I don't even know if I'm putting in the right info for it to calculate things correctly.

I should perhaps say that I'm divorcing him on the the grounds of UB so, by definition, he probably won't be 'reasonable' about things and agree to sell the house without an order!

Also, anybody know if I can still petition on UB if we've lived apart for more than 6 months?

Thank you for any advice you can give.

Collaborate Wed 28-Sep-11 13:27:12

You could see if any solicitors are willing to take on your case on the basis that you pay at the end but give them a charge over the spoild you receive (and presumably you pay a higher rate) or you find a lender willing to give you a litigation loan. They do exist!

fairiesinthegarden Wed 28-Sep-11 15:37:42

Thanks for the reply. I'll have to have a look into a loan, I wasn't aware there was such a thing so that was useful information, although I have a feeling exH poor credit history will impact on mine sad but there's no harm in checking

Highlandheath Fri 08-Sep-17 18:35:34

Be very careful before taking out a litigation loan, I have had my fingers badly burnt, the lawyers tend to reassure you that they will no way go to the full amount of the loan they recommend you take out, secured against your house, then they whizz through every penny of it and ask for more, normally at a point crucial to the case, i.e. days before a court appearance... you feel you have no choice but to assent, and they carry on... if your aim is to keep the house, this is not the way to do it. Having said that I don't know what is....

BritInUS1 Fri 08-Sep-17 18:36:49

*ZOMBIE THREAD ALERT*

This thread has been bumped from 2011, please do not add to it

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