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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Can anyone advise please?

26 replies

MarthasGinYard · 30/06/2021 23:37

Have been with P for 14 years not married.

We have one dc together.

We are both on mortgage and title deeds of house. We are tenants in common I believe, as we changed that so that if anything happened to either of us that half of house would go automatically to DC.

I always worked full time until had DC then went part time as he was high earner. I have stayed PT to accommodate his working pattern which is really unsociable hours.

He's always paid all bills but I've always provided extras holidays bought all clothes, clubs etc for DC as well as most of food.

He won't move, and to be honest I'm happy to go. It's becoming unbearable due to emotional and verbal abuse etc.

House is valued approx 400,000

We owe 100,000 on mortgage

He paid initial 50,000 deposit but this was not ring fenced etc. I furnished the house.

He wants to buy me out, am I right in thinking I would be entitled to half of equity approx 150,000

He's basically saying he'll give me 50 grand and I should be grateful as he's paid the mortgage all these years. I said I'd work out a childcare bill for every hour he was away for weeks on end end whilst I raised out dc over 10 years as my earning power was stripped!!

I will see solicitor, but I'm not too well at moment and wondered if anyone had advice?

Huge thanks

OP posts:
dane8 · 30/06/2021 23:56

This reply has been deleted

This has been deleted by MNHQ for breaking our Talk Guidelines.

MarthasGinYard · 01/07/2021 00:00

Thanks

Will do

OP posts:
QueenBee52 · 01/07/2021 00:05

@dane8

He’s talking out off his arse, when YOUR ready ring round solicitor’s and get some free half hour advice.

Darn right he is...

Solicitor asap 🌸

MarthasGinYard · 01/07/2021 00:13

Thank you Queen

OP posts:
marthasGinyard · 31/01/2022 20:01

Force of sale is now going through as I'm owed roughly 90,000 and he's offered 37.

My amazing 86 year old dad had paid 6 months on a cottage 10 mins from her school.

She's currently travelling 1.15 each way.

I have legal aid as you all advised but have now been advised I'll have to pay some back as he's also going for custody 2 separate cases. That is fair enough though.

I just long for my career bk and dd to be ok. All kinds involved cafcass etc. it's all become very complicated.

OP posts:
Enterthewolves · 31/01/2022 20:08

If you are tenants in common is there a note as to any ownership spilt? It’s usually 50/50 unless you ask for a different split - the first house I owned with DH was 60/40 to him as he paid the 10% deposit. If it says 50/50 then he is stuffed.

marthasGinyard · 31/01/2022 20:16

Thank you

It's been 50/50 since the beginning

I feel I've a strong case even given costs re legal aid

OP posts:
marthasGinyard · 30/03/2022 22:26

Please help

We are now out of refuge

We have been housed near daughters school

My solicitor has contacted me saying that they've found a letter which supports my claim of 50 percent interest in equity of property but as at the time they acted for both of us it's a 'conflict of information' I've been with them since July

They told me I have 21 days to find another solicitor as I have legal aid tolata etc for both property and residency of daughter.

I've phoned 18 solicitors no one can help I'm in the middle of a serious diagnosis to and I just don't know what to do

Can anyone help?

OP posts:
marthasGinyard · 30/03/2022 22:27

Please

I'm desperate

OP posts:
gulliblestravels · 30/03/2022 22:34

Can you ask the original solicitors to recommend a replacement?

marthasGinyard · 30/03/2022 22:58

They literally emailed 3 to try

I've now phoned 18

I've sent an email to head of firm asking for assistance and also clarification of this 'conflict' of interest at such a late date. They knew we made wills there prior to taking me on.

He said he will 'make some calls'

I want to report to ombudsman but haven't strength at moment. Just left refuge going through diagnosis for possible mnd.

Terrified

OP posts:
marthasGinyard · 30/03/2022 22:59

Thank you for reply by the way

OP posts:
RandomMess · 30/03/2022 23:01

SadAngry

Thanks

I guess you can go out of area. Woman's Aid may have a list of solicitors that do legal aid?

gulliblestravels · 31/03/2022 20:28

How are you getting on?

marthasGinyard · 23/04/2022 23:24

I found someone.

The only one

I called the law society and then senior partner at my firm.

Don't think it will ever be resolved

Thanks all

OP posts:
marthasGinyard · 23/04/2022 23:25

'If you are tenants in common is there a note as to any ownership spilt? It’s usually 50/50 unless you ask for a different split - the first house I owned with DH was 60/40 to him as he paid the 10% deposit. If it says 50/50 then he is stuffed.'

I think this is where conflict of interest came out as there is note of this on our will/ deeds

It should have been noted much sooner

Many thanks

OP posts:
gulliblestravels · 19/05/2022 22:41

@MarthasGinYard Are you and your daughter ok?

marthasGinyard · 23/05/2022 00:19

We were classed as homeless and emergency rehoused In a lovely property so really lucky.

My daughter is amazing but a closed book. We are now 10 mins from her private school which he happily pays for but was happy for her in refuge for 9 months

There was conflict of interest found when tolata force of sale was done but apparently should go in my favour I had to phone 40 solicitors until I found one who would accept both my legal aid certificates.

I've little fight left in me now but custody hearing in July so need to prepare for that. Force of sale could continue indefinitely.

My health is deteriorating so him wishing me dead he may get that wish after all.

OP posts:
marthasGinyard · 23/05/2022 00:19

Thanks for asking by the way

OP posts:
AntiHop · 23/05/2022 00:26

Sending you love and strength. It sounds like you've been through a lot.

marthasGinyard · 23/05/2022 22:41

Bless you Flowers

Yes it never seems to end

We are safe now thoug

OP posts:
ItisallPooh · 23/05/2022 22:52

My parents separated and divorced when my DM was going through treatment for stage 3 breast cancer.
They owned their own business but dad hid lots of assets.
Mum was effectively jobless, too sick to get another one, with very little income coming from the business, or any child support from dad. I was 15, my Dsis was a toddler and I remember how absolutely terrified mum was. But we got through.
Mum got enough money to buy a house for us outright. I don't think she got as much as she possibly could have because she was too unwell to fight him but we were ok, she recovered and we were not living with the black cloud of when he would erupt again.
Keep going. You can do this and things will get better. X

Igmum · 23/05/2022 22:57

Sending love ❤️. I hope things get better and the Court sees his true colours Flowers

RandomMess · 23/05/2022 23:03
Flowers
Gems88 · 23/05/2022 23:09

I am so sorry to hear this.

I hope your staying strong, do not let him win either battle.

I am just coming out of a similar situation. 50/50 ownership, ex wouldn't leave, not married and we have a Son. Emotional and financial abuse.

It is such a hard situation to be in.

It was different for me as I was advised not to leave the property under no circumstances if I wanted to force a sale, so unfortunately I was stuck under the same roof as him for a while and the situation just got nastier.

Things took a turn for me which ended up with my ex being arrested and a restraining order put in place meaning he couldn't return to the home. This made things easier.

I ended up taking on all the bills and looking after our child full time.

We've been back and forth to court a few times and my ex has had no choice but to finally give me 50% equity to buy me out. I've got to say this wasn't a decision through court though, for him the house is all he cares about and he hasnt been allowed here for a year now so he has had to agree to get it back. We are now in the process of going through solicitors for the transfer and I am buying my own home.

When I was going through everything I was referred to an abuse charity by my doctor and the police. I am not sure if there is one local to you but they helped me a lot. They supported me through court, checked in on me and provided me with counselling. They even got a solicitor to help me out when I was going to court unrepresented.

Don't give up, keep fighting. You can't let him win, he needs to see that you're stronger now and he cant bully you anymore. You will get there, its hard but take each day at a time. Deal with your illness and keep battling.

It's awful how he cant see what's best for everyone, so selfish.
Unfortunately, they don't see what you do for them or for the children, they only see the pound signs.

My ex told me I wouldn't have anything if it wasn't for him. Now I'm proving him wrong. I will have a house of my own in a few months, I have a better job now, I have our Son and I am even dating someone new.

It's been a tough few years but I got through it and you can too. Don't give up 💞

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