How much will it cost me if my ex takes me to court

[YellowBeryl]

Briefly (I hope). Separated from my partner, not married, we jointly own a house. He paid a large deposit and we have a joint mortgage. I have stayed in the house with our child but, obviously, he wants me out, the house sold and his money back. I would get about 2K. I work full time but have no savings and can't get legal aid because I own a house. If I agree to a sale I am making myself intentionally homeless therefore can't get local authority housing. I can't afford to buy and as we live in a high rent area I can only afford a room in an HMO.

I have asked if he is prepared to make me a loan to buy a small house, which would mean he would get most of his money back now and the rest when our child finishes education. He has refused and is now taking me to court to force the house sale. He says the child maintenance he pays is the end of his financial responsibility as a parent.

I can't afford legal representation so I will just have to represent myself, explain my situation, hope for the best but prepare for the worst. Does anyone know how much it will cost me just to turn up at court, without representation?

On the bright side if a court orders me out I might make it onto the local authority list.

I don't think they can force a sale if you have a child together that lives in the property, surely?

Sorry op, I haven't been through it myself but hopefully this comment will bump your post for you anyway.

(I'm not sure a post needs a "bump after 15 minutes)

You don't get refused legal aid just because you own a house unless it's one you don't live in. Having £2k equity does not place your capital beyond the eligibility limits. Your income must though fall within the limits and you must be the victim of domestic violence. Check on the Legal Aid Agency's website.

Assuming he has applied for an order under the trust of land act you can resist the application and try and persuade the judge that keeping it on and allowing you to stay there with the child is the only way your child can be reasonably housed. You should, belt and braces, probably also be applying for a settlement of property under Schedule 1 of the Children Act.

Where in the UK are you, OP?

In Scotland there are cohabitation laws which could help you.

how is the house owned? did he ring fence his deposit? are you joint tenants or tenants in common?

i believe the court can force a sale even if your child lives there, whether they would or not i dont think anyone could tell you for certain, to be honest.

Thank you all for your responses. In answer to your questions: We live in Enhland, are joint tenants and he did ring fence the deposit. I know I have fewer rights as we are unmarried. We had intended to marry and when we bought the house the invites had gone out.

I did pay a solicitor to check if the document ringfencing the deposit would be upheld by the court if there was a child involved, and it was she who advised me that I would not qualify for legal aid but I am encouraged to submit an application anyway.

I can't afford to insitgate proceedings and hoped I could go to court, defend my position with the evidence I have on house prices, rental values and criteria for local authority housing and hope the judge takes pity on me. I am aware that an order could be made to sell the house even though there is a child involved. However will I be charged by the court for defending an action against me.

Is there a local Womens Aid group nearby? They may be able to help, and signpost to a Law Centre taht MAY do pro-bono work for people in your situation. Good luck.

You would need a mesher order in place to stop a forced sale. Not always easy to get though as your partner also has a right to be able to finance another home. Also under the mesher you'd need to demonstrate you can pay the bills - he wouldn't be expected to continue paying the mortgage

Have you tried saying to him that without help you'd need to move to a cheaper area which may be far away from him?

I will try WA thank you. I don't want to be unfair to my ex I know he needs to move on which is why I proposed a loan. I could afford a mortgage on a small 2 bed terrace if he would loan me the deposit, this would leave him with a substantial chunk of his deposit, enough for him to start again and I would promise to repay the loan asap or when our DC finishes full time education at the latest. I am running our current house but it is a struggle and we are living hand to mouth making sacrifices so I would prefer not to have a Mesher order. I have pointed out to him that if I am left with nothing I have no choice but to move away but this seemed to fall on deaf ears for whatever reason.

Were you engaged Op because if so that would be of immense help? Can you give a bit more info about that side of things? There is an obscure piece of legislation that might help you.

@Collaborate this is more your area than mine but does this not help in securing a much improved settlement for Op?

2Property of engaged couples.

(1)Where an agreement to marry is terminated, any rule of law relating to the rights of husbands and wives in relation to property in which either or both has or have a beneficial interest, including any such rule as explained by section 37 of theM1Matrimonial Proceedings and Property Act 1970, shall apply, in relation to any property in which either or both of the parties to the agreement had a beneficial interest while the agreement was in force, as it applies in relation to property in which a husband or wife has a beneficial interest.

(2)Where an agreement to marry is terminated, section 17 of theM2Married Women’s Property Act 1882 and section 7 of theM3Matrimonial Causes (Property and Maintenance) Act 1958 (which sections confer power on a judge of the High Court or[F1the family court]to settle disputes between husband and wife about property) shall apply, as if the parties were married, to any dispute between, or claim by, one of them in relation to property in which either or both had a beneficial interest while the agreement was in force; but an application made by virtue of this section to the judge under the said section 17, as originally enacted or as extended by the said section 7, shall be made within three years of the termination of the agreement.

Op this is the Law Reform Act (Miscellaneous Provisions Act) 1970 and basically what it's saying is if there was a promise to marry and it's called off the property dispute is settled as if you were married. And this is a very good example as to why people should get proper legal advice. Op you are in a very strong position and should be looking at least 50 percent of the property as a starting point and probably more as your child should be adequately housed. Make sure you deal with it in good time as you are time limited.

Getting a loan for your deposit won’t be looked on well by mortgage companies. Not impossible perhaps but there will be stringent terms.

OP just wanted to say you may not be able to afford a lawyer but you don't have to go into court unaccompanied. You can look into getting a mackenzie friend to help you.

Also, you may qualify for legal aid to do some initial mediation about your split and child contact arrangements so look into this. If you can agree out of court it is better for everyone.

But in terms of how much it will cost you nobody can tell you really. But costs ramp up very quickly. I have a friend that was able to agree it all for £2k. I have another who was dragged through by her abusive ex trying to gain full residence only to lose and end up with EXACTLY THE SAME CONTACT PLAN THEY HAD ALREADY and it cost £90k!

Op you are in a very strong position and should be looking at least 50 percent of the property as a starting point and probably more as your child should be adequately housed

I dont think this stands if he ringfenced the deposit. Surely itd be 50% (or more) of the equity minus his deposit?

I don't think you can ring fence your deposit to avoid a divorce settlement and op has already said the wedding invites were sent out so LRA 1970 applies. Op also said they held as joint tenants . . .

So youre saying that particular document means nothing just because she had a ring on her finger? Even though engaged isnt a legal status?

Wow.

No, I'm not saying that, it appears the law does.

Mental. No wonder there are so many men who "dont see the point in marriage" - neither would i in that position.

1. OP you must mean you are tenants in common. If joint tenants you can't ring fence a deposit.

1. Mesher orders are only available on divorce. You can get a similar result under schedule 1 of the Children Act.

1. The MWPA 1882 merely provides a different procedural route to go down. It does not provide OP with a different remedy, and most certainly does not give her any of the rights akin to divorcing couples.

1. It really is worthwhile taking advice on the merits of resisting sale to enable to roof to be maintained over the child's head.

Op you are in a very strong position and should be looking at least 50 percent of the property as a starting point and probably more as your child should be adequately housed

OP may be in a decent position to resist an immediate sale, but her chances of getting more than the value of her legal interest on sale are even less than my chances of being made Lord Chancellor in Johnson's reshuffle.

Ah thanks for the clarification. My apologies for getting over excited at a remedy and getting it wrong.

Wow thanks everybody there is so much here to keep me searching this weekend. We were engaged up until the moment he left . As far as the ringfencing is concerned I signed a document just before the exchange of contracts stating that I would make no claim on that money. I should have been more cautious but I expected to be married, I guess I missed that big red flag.
I am not holding out much hope but I will follow up the suggestions posted here and hope I can find some affordable legal advice.

How old is your child? Are you sure you couldn't rent a place even a bit further away ? You'd be so much better with a clean break emotionally. Even if you get to stay in the house the time will come you will have to sell and you'll be in the same position having grown even more attached to the house seeing it as yours.

I've seen friends in the same situation regretting not making the break as they came to their youngest being 18, having to sell and struggling massive from going to a very nice house to a grotty place having also lost all maintenance and tax credits.

I take on board the idea that we could become too attached to a house, my DC is only 18 months so we would have a long time to get attached. I would love a clean bŕeak and I initially asked him if he would give me the a deposit for a small house and I wouldn't claim child maintenance. He refused. We live in the London commuter belt so for me to be able to rent a small house with a garden we would have to move quite some distance and, probably, have to change my job. I think if I have to move to a new area we may as well return to my roots in the North, at least I will have the support of family there .

Last night he offered to buy me out of my share of the mortgage to avoid going to court. I declined because that would leave me with nothing. If I have to sell the house I would get my 50% of the remaining equity after he has been repaid. So would come out of it with something even if it is a couple of grand.

I will check out all the leads that have been mentioned here to see if I can afford some legal advice. I'll contact the Land Registry to check if we are joint tenants or tenants in common. However get the feeling he holds all the cards because we are not married. I did hope that he would show some compassion for his child and give/ loan us some money, but no, he chooses to take me to court to force me to sell knowing I have nothing and therefore his child has nowhere to go. . I will hold out as long as I can before giving in and agreeing to sell the house, I can't afford to stay here indefinitely. In the meantime I will check out rental prices and jobs further afield.