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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

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Original poster

Occupation order

20 replies

Yellowshirt · 20/09/2019 23:04

I'm currently in a rented flat until 30th September.
I was about to move flats in the next week but my solicitor has today informed me I need to cover my wife's divorce costs totalling £2100 . That is my next 4 months rent now gone.
So I'm basically homeless. Can people please help me as I'm desperate.
I don't want to move back into the main house but could i take over the garage or even our posh shed which has a sofa in?
Otherwise I will be sleeping in my car x

OP posts:

HennyPennyHorror · 21/09/2019 01:56

Who is paying the mortgage now?

Original poster

Yellowshirt · 21/09/2019 10:00

She is paying the mortgage at the moment. I was paying her maintenance and my own rent

OP posts:

sandyvacancy · 21/09/2019 11:03

If you still own the house you’re able to live there aren’t you? Are you on speaking terms to discuss how it could work.

Original poster

Yellowshirt · 21/09/2019 16:16

Absolutely hate each other. There is no way I could live in thf ssme house. I want to no whether legally i can live in the shed or garage

OP posts:

PicsInRed · 21/09/2019 18:45

She's paying the mortgage by herself and you left the property some time ago. You are presently considered housed, in a rental.

It's highly unlikely the family court would allow you to live in her garage against her wishes and because you made yourself homeless. The court also wouldn't make an order for you to reside in an illegal dwelling, which a shed/garage would be.

You may need to open a line of credit to pay the divorce costs and pay that off over time.

Original poster

Yellowshirt · 21/09/2019 19:44

I can't get any credit due to financial abuse and 3 ccjs

OP posts:

Original poster

Yellowshirt · 21/09/2019 19:46

I'm not making myself homeless. I'm leaving my flat as it is being sold

OP posts:

PicsInRed · 21/09/2019 20:23

Ultimately, the family court is not going to order your ex to put your up in the garage or the garden shed. They also will not order the house be turned over to you or that she be required to share it with you under these circumstances.

Your options are limited.

If you cannot access credit, you may need to make a payment arrangement with the court and take a less expensive rental or lodge for a period to pay off the ordered amount.

Ss770640 · 25/09/2019 18:56

You don't need to cover her legal costs at all.

Just because a lawyer says something doesn't mean it is mandatory.

Move back in.

stormsurfer · 25/09/2019 19:00

Did they say why you had to pay the legal fees?

I was allowed to pay my fees in instalments. Perhaps you could ask about that as an option so that it's not such a large amount all at once?

Original poster

Yellowshirt · 25/09/2019 23:00

Ss770640 I can't move back in as she will get an occupancy order and I have a 14 year old daughter who is already hurt enough.
How can I avoid paying her fees? My solicitor has said I have no choice but to pay.

OP posts:

Palaver1 · 26/09/2019 05:35

What does he mean you have no choice.
Did you delay and not engage and that was what racked up the bills.

Tilltheendoftheline · 26/09/2019 05:39

Who decide you have to pay her court fees?

Do not make yourself homeless. Use the money to move. You dont have the money to pay him and he isnt the one who decides if you are paying her legal fees. Neither is her solicitor.

Original poster

Yellowshirt · 26/09/2019 08:02

Can i ask you both are you uk based? I just think the law will be different in many countries.
I haven't delayed anything to do with the divorce. My solicitor just says it is what her solicitor has charged and although its absolutely extortionate I have to pay it or else basically

OP posts:

msmith501 · 26/09/2019 08:13

Who cares what her solicitor has charged? Unless it goes to court and the judge insists and orders that you pay the other side's costs, then it's up to you wife to pay her own costs - after all, she chose her solicitor and agreed to the charges / fees etc. Divorce is expensive but each side normally pays their own costs unless ordered to do otherwise by a judge or unless it's agreed to by mutual consent. I would get a second opinion (5 mins on the phone to a free solicitor should do it - most offer thirty mins free consultation). And I am in the UK if it helps. I'd be interested to understand the things: 1) the basis on which your solicitor has "decided" that you have to pay and 2) how come this is the first you have heard of it?

AMAM8916 · 26/09/2019 21:40

Don't pay her fee's. I've never heard of the other party being forced to pay the others fee's? Unless a court rules it, don't pay.

Get your new flat sorted as a priority or tell her solicitor to take it out of your share of the house if the court says you must pay

DonKeyshot · 28/09/2019 04:49

Unless it's part of the divorce settlement or it has been ordered by the court, you're under no obligation to pay your wife's solicitors.

They can ask or expect all they want. If you haven't got the money, you can't pay and if they take you to court it will a) take months and b) you can ask for time to pay or offer to pay a small sum each month.

HaudYerWheeshtYaWeeBellend · 30/09/2019 06:48

Where you obstructive in the divorce proceedings?

Even if you need to pay her costs, do so at £5 per week/month... you cannot leave yourself homeless to pay and unnecessary bill.

stucknoue · 30/09/2019 06:52

Depends on where you live, in England you cannot be made homeless

Carthage · 30/09/2019 07:02

It depends what she is divorcing you for: if it's adultery, unreasonable behaviour or desertion, she can seek to have you pay half the costs.

She may not win but the problem is that if she contests it and does win, costs may have racked up and the danger is it may cost even more, which is why you're solicitor may be advising you to pay up? Can you negotiate a payment plan rather than make yourself homeless?

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