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Legal matters

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Settlement advice

2 replies

pizzamaker · 11/06/2020 20:58

Hi all, I hope someone can offer some advice. I'd be interested to hear if anyone has been through similar.
I was forced to leave the FMH 3 years ago due to threatening and aggressive behaviour (police were called) from stbxh and have rented a house since but now forced to live with dm so I could continue with solicitors bills.
Now I am in the position where stbxh is paying minimal maintenance when he feels like it.
There is approx 140k equity in the property, I was a sahm working part time around the children.
What is the likelihood I would be able to get capitalised maintenance? I am unable to communicate with ex about payment of maintenance because he is verbally abusive. House prices for a modest home are around 230k and I can get a mortgage for around 120k.
Am at the end of my tether and can't see that the future will ever be ok.

He doesn't see the children due to drug taking and threatening to kill me so I have the children full time and work full time too.
We have second hearing due in August and I am worried sick that I'll be on my own with my children struggling for money for evermore.
Sorry for the rambling, this feels like such a muddle.

OP posts:
pizzamaker · 11/06/2020 21:00

Oh and also, I've had to pay a disproportionate amount of legal fees due to ex faffing and dragging things out because he is ok where he is.
What's the likelihood of being able to claim some costs back?
I should also mention, I've just applied for an occupancy order so am hoping we'll be allowed to go back to the FMH.

OP posts:
Collaborate · 12/06/2020 07:50

Costs orders in financial remedy proceedings are as rare as hens teeth, but your solicitor knows far more about your case than anyone here so is in the best place to advise. If they can’t answer that for you maybe instruct someone else.

Because of lack of information no one here can assess your chances of getting maintenance. However it’s not the only way of getting more of the house. Needs is the most important factor here. Again, your solicitor should be advising you on this.

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