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Legal matters

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

28 replies

YellowBeryl · 13/02/2020 08:39

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.

OP posts:
MarieG10 · 14/02/2020 13:19

I don't disagree with what collaborate says about getting advice, but be warned as you don't sound to be in a financial state to be liable for legal costs which will probably be incurred at the rate of £300 + Vat per hour

I know of someone, acquaintance as opposed to good friend but listened to her description of her situation which was pretty much identical to yours. He finance called off the wedding for all the right reasons got cold feet..not happy etc). She was furious. They had a joint house but nothing more. He had ringfenced his contribution which was substantial. He was an extremely high earner and she expected to remain and keep the house. He took her to court and forced the sale. Her legal costs exceeded what she was due and I believe she also had to pay some of his costs as well

I have said this several times before. I just don't understand why women have babies before getting married and then expect the protections marriage provides. I gave this advice to my sister a few years ago and she is now extremely glad she took heed

YellowBeryl · 14/02/2020 14:17

I completely agree with Marie's view on children and marriage. In my defence we organised our wedding and decided to try for a child straight away, we both wanted a family, I was an older mother and my Mum went through an early menopause so we thought it could take a while. It didn't! I chose to postpone the wedding for a year so that I wasn't an obviously pregnant bride. Unfortunately my ex discovered that he wasn't as keen on parenthood as he thought and walked. If I wasn't so vain I would have been married.

I don't expect to stay in the house. I don't want to stay in the house. I don't want to fleece my ex. I expected/wanted him to help me put a roof over our child's head.

My hope was that if my ex. took me to court to force a sale, I could just turn up explain the practicalities of our situation and the judge might take pity on our child and make a financial order that would force my ex to do the right thing.

My original query was to ask if it would cost me to do this. If It is going to cost me £300 + VAT per hour for the court's time and there is a risk of costs being awarded against me then I won't do it. I will agree to sell and take my share of the equity after he has been repaid. It should at least give me a rental deposit somewhere, just not where we currently live.

I said up front that I expect the worst and hope for the best. At least this thread as brought things into sharper focus for me. A big thanks to everyone that has tried to help and for all contributions, painful or otherwise.

OP posts:
MarieG10 · 14/02/2020 18:04

@yellow

The £300 + vat is what his solicitor will charge unless he gets a cheaper one. You could expect to pay that as well. If you were liable for any of his costs, that's the rate it would be piling up at

I have commented before on other posts where married people were questioning going to court to get a higher settlement. Basically going to court is only for the wealthy or those that have a point to make and the costs are a side issue. Anyone of modest means will more than likely blow far more than they will gain in paying lawyers and have little left. Very few cases end up in court anyway and in reality if the amounts are under £20k you will spend more on legal fees (and I know a few who have)

Good luck anyway

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