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Legal matters

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Communication with solicitor/property

5 replies

Startagain51 · 21/04/2020 18:35

Hi, thanks so much for previous advice; www.mumsnet.com/Talk/legal_matters/3883225-Form-A-help
Have now got Form A ready to go.
I do have a couple of questions about an extra issue I could really do with help on.
Firstly, both STBX and his solicitor have stated that I am not to communicate with them regarding financial issues, but that I must go through a solicitor. Except I haven't got one, and can't afford one.
Can I just email his solicitor anyway, and say I am not represented?
I'm happy just to send the Form A to the court, but there is another issue that is more pressing -
We have a BTL property that we got to help DD when she was at Uni (she lived in it and we rented out the other room). It's been on the market for 12 months, but hasn't sold (mostly because he insisted on an estate agent that doesn't do and I work full time) I've paid the mortgage for all that time, but can't afford to go on doing it, and couldn't afford the management fees. So we owe for those. I also paid the Council tax but can no longer afford to do that, either. I've explored the option of a voluntary surrender of the property - so the building society take it and market it, and when it sells they pay off the bills and any equity is split - but need STBX's agreement to this. I know it will affect my credit rating but I can't think of anything else to do.
Does this sound like a good option?

OP posts:
prh47bridge · 22/04/2020 07:51

Yes, you can represent yourself and insist that his solicitor communicates with you. Your ex can insist that you only communicate with him through his solicitor. His solicitor, however, must communicate with you as you are representing yourself.

Regarding the BTL property, as you need your ex's consent and surrendering the property will affect his credit rating as well as yours if the mortgage is in both names, you need to set out the position and the options for moving forward to his solicitor. It may be that, when he realises the impact on his own credit rating, he will be more reasonable and other options will become available.

FlowerArranger · 22/04/2020 07:58

Representing yourself may be okay if you know what you're doing, but please tell me you have at least consulted with a competent family solicitor!

If I understand correctly, he wants 70%, but you would be happy with 50% - though you have paid considerably more than him?

You cannot afford not to get legal advice. Most solicitors will be happy to wait for the settlement to be paid.

Collaborate · 22/04/2020 10:31

Most solicitors will be happy to wait for the settlement to be paid.

Most solicitor's staff won't be happy not to get paid. Any firm that is happy to wait 12-18 months to get paid is a firm the won't be in business in 12-18 months.

FlowerArranger · 22/04/2020 11:41

Okay not most, but many. Look up litigation funding. There is also the option of taking out a loan. Also, not sure why it would take 12-18 months unless it is a very complicated case or it goes to court.

The OP would be mad to accept 30% without at least talking to a solicitor. That doesn't mean that she has to go for full legal representation. I'm not familiar with her situation, but she only refers to real estate. What about pensions? There may be other aspects that she may not have considered. I would certainly consider a couple of hours of legal advice to be money well spent.

Startagain51 · 23/04/2020 15:33

Thanks all, again.

I have had some legal advice, and I've got some help from a key worker from a local charity, which has been very useful.

I won't be accepting 30%! In any case, what he wants is 70% outright, and then to split the remaining 30% 50/50. He's as mad as hell that I won't accept it, but tough for him! (I feel much more confident now he no longer knows where I live).

I've got my form A filled in and have written to his solicitor about the BTL situation, outlining the option. I've said if he won't agree then he'll have to come up with something because I can't keep paying all the bills myself.

OP posts:
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