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Any advice - court,children,home:(

(9 Posts)
fairiesatthebottomofthegarden Sun 09-Feb-14 11:45:16

I don't want to go into too much detail but basicly in divorce proceedings can it go to court if parties are unable to agree? I face being left with nothing due to an agreement made with a third party over the family home that I was unaware of, I have dcs to look after and house but I am being told I have to do this with nothing and basicly start from scratchsad I don't agree with this, the agreement was made without my knowledge and I was not told the full story, had I known I would have divorced him there and then and got on with my life without him. Any advice appreciated, it's turning over and over in my headsad

prh47bridge Sun 09-Feb-14 12:32:38

If you cannot agree the finances between you it is up to the courts to decide. If you haven't already got one you need to find a lawyer who specialises in family law.

fairiesatthebottomofthegarden Sun 09-Feb-14 12:34:44

Thank you,I have and I am happy with them I just can't help turning everything over and it's the weekend so I can't talk to themsad it's the third party that's the main issue - but I didn't marry the third partysad it's rubbishsad

RedHelenB Sun 09-Feb-14 13:24:20

Is the house not jointly owned by you then?

fairiesatthebottomofthegarden Sun 09-Feb-14 13:33:42

No, just his name

babybarrister Sun 09-Feb-14 15:20:39

your lawyer should be advising re third party issues - if your ex gave the property away or sold too cheaply etc then there are ways of setting aside the transaction .....or it may be that the legal title is in someone else's name but the beneficial interest is not - family courts can easily join third parties but it all depends on the exact facts

this needs detailed advice based on the facts not comments on a thread I am afraid....

STIDW Sun 09-Feb-14 15:25:41

Who is saying you must look after your daughter and house her with nothing? If it is your husband and he has an interest in the property most probably it's wishful thinking. On the other hand if it is a "barrack room" lawyer they are likely to be wrong.

Your particular circumstances are relevant - whether the agreement was legally documented, who the third person is and whether or not they live in the property, if the agreement was made recently in an attempt to prevent you from claiming etc. Your solicitor is the only person who is in the position to give an informed opinion because they have studied law, trained on the job, experience working with the courts on a daily basis and they should have possession of the specific details.

STIDW Sun 09-Feb-14 15:26:35

Sorry post crossed with bb!

fairiesatthebottomofthegarden Sun 09-Feb-14 16:04:08

Thank you, I am just panicking I think and been unable to speak with my solicitor. Your comments are encouraging thoughsmile I will speak with my solicitor tomorrow I hope

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