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Tolata/Forcing the sale of a house - Need help getting Legal Aid or Alternative Funding

(5 Posts)
OddBawl Wed 21-Jun-17 20:34:46

It looks likely that abusive ex will need to be dragged through the courts in order for me to obtain my half of the equity tied up in the house.

I've seen a legal aid solicitor who says unfortunately I'm not entitled to legal aid due to the value of the property, but I don't have anywhere near the funds needed to take him to court. I fled the family home due to the abuse (financial/emotional, non-physical) and am living on benefits with my kids in emergency accommodation (refuge), and need to sell the house to secure our future. There has been no need for any kind of non-mol or occupation order.

Does anyone have any clue as to how I can finance this or find a solicitor able to take on my case on a pay-after basis? My current (non legal aid) solicitor says they can't offer that.

I'm in knots and need to move forward, while the father of my children continues to live alone in our house without showing any willingness to come to an agreement with me on the house.

Thank you if anyone has any suggestions, I am desperate.

Familylawsolicitor Thu 22-Jun-17 17:56:02

Novitas or iceberg litigation loan. They will lend money to your solicitor to fund the litigation and get paid back at the end out of the settlement.
Am surprised the solicitor didn't suggest it tbh. They may not do much litigant loan work if they have a legal aid contract so find a solicitor who is signed up to these schemes. The rate of interest is quite high but it's relatively short term and has the great advantage of not having to pay as you go along (with Novitas certainly) and provides funding where bank loans etc are not available.

OddBawl Fri 23-Jun-17 07:23:47

Thank you for your suggestion.
I've heard of Novitas but the interest puts me off. It's not fair I'll be out of pocket to start with, let alone legal fees + interest rates.
I've decided to try and cobble together a family loan so will see where I get.
Do you think it's possible to negotiate to pay solicitors after? Have you ever heard of this?

Familylawsolicitor Fri 23-Jun-17 09:10:19

No I don't know any family law solicitors who will agree to that at the outset. Very rarely if a client has run out of money at the end of a case and I can see a certain settlement payment on the near horizon I've agreed to be paid for the last bit of the case out of that with some security over costs but barristers still need to be paid upfront and you'll never find a solicitor who will take on a case on that basis.
Costs orders are possible in TOLATA cases but you will need to budget to be primarily responsible for the fees in the first instance. You only accrue interest on Novitas on the bits of costs you have drawn down so let's say your total approved loan is £30k but you pay your solicitors £5k to get started, you only accrue interest on that £5k drawdown initially. It would be worth borrowing a bit from family to get started as you may well find your ex doesn't push it all the way to the final hearing once proceedings are issued and a settlement may be possible at a much earlier stage and lower legal fees.

Collaborate Fri 23-Jun-17 10:38:27

I agree 100% with familylawsolicitor.

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