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divorce and property nightmare

(7 Posts)
Crispbutty Fri 29-Apr-16 17:40:16

I am almost divorced. The absolute has been applied for and is expected within a couple of weeks! At long last smile

However, my stb ex is living in the property which was bought AFTER we married, so counts as a marital asset.

We were married for 13 years and the solicitor who dealt with my divorce has confirmed that I am entitled to 50% of the equity.

I am on a low income and living in a rented property for which I pay full rent. I have no savings, no pension, and live on an extremely tight budget. The sale of the house will enable me to restart my life again properly.

When I spoke to the solicitor today she has really confused me. She has sent me the legal aid form but said if I dont qualify for it, then she wont be able to help me to go to court to sell the house.

I really need to get this sorted out ASAP and I thought it would be straightforwards but it seems not.

traviata Fri 29-Apr-16 17:50:23

It is not quite as simple as you may have thought.

The divorce itself is separate from the financial split. The financial split needs a completely different set of court forms, including full financial disclosure by you and your ex. Most people spend a few months negotiating before going to court if they can't reach agreement.

How is the money split? It depends. It might be 50:50 or it might not. It depends on what you both need, what is available, and on many other factors. Crucially, if you have children, their needs are top of the priority list.

It might be best for you if the house is sold, or it might not. Could you realistically keep the house and live in it yourself? Might your ex want to do that? if so, he would have to ensure you received other assets instead.

There is lots of information on the web. here is a good summary of what's involved.

Crispbutty Fri 29-Apr-16 18:08:57

There will be no negotiation. He has a lifetime restraining order and I dont want to ever be near him again. I have moved 250 miles to get away from him.

No children involved. My name isnt on the mortgage which is what has made this more involved I think.

His mother could pay me off, but I doubt she will help as she thinks the sun shines out of his backside..

I am just worried as I was under the impression that I would obviously have to pay back any legal aid out of the money I received, and though that if I wasnt eligible for any legal aid, I would pay the solicitor at the end of it.

Thanks for that link, I will have a look at it now. smile

traviata Sat 30-Apr-16 14:22:52

You are broadly right about how to pay for legal services. Some solicitors will agree to defer their payment until the end of the case, but not all.

The court will require you to negotiate, but this can be done in writing and through solicitors.

Make sure you tell your solicitor that his mother has money - because it means he might be able to buy you out if she will help him (note, help him, not help you).

Familylawsolicitor Sun 01-May-16 18:07:08

Have a look at Novitas funding - you essentially borrow from your future settlement as long as there is a property to pay your solicitor as you go along and pay back the loan from the settlement - speak to your solicitor about it
There are other loans out there it's a high rate of interest but doesn't require your ex to consent to the borrowing which is the problem if you try and borrow against the house with a normal loan
Read this guide to understand how finances on divorce are resolved

www.judiciary.gov.uk/wp-content/uploads/2016/04/fjc-financial-needs-april-16-final.pdf

Viviennemary Sun 01-May-16 18:14:49

I thought under the new rules legal aid wasn't usually available for marital disputes unless they involve domestic violence. But you should be able to get a solicitor who would accept payment after the property has been sold. You could try contacting the CAB to see if they can give you any advice on what to do next.

Familylawsolicitor Sun 01-May-16 19:47:29

vivienne the OP has got a restraining order so that would enable her to get legal aid if she qualifies financially

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