It's a mess any advice? Thanks

[refugemum]

I left my home with DC at beginning of July.

I called the police non emergency for advice after Ex P called me unrepeatable names and snarled in my face Whilst 11yo dc was there. This happened for the umpteenth but last time.

We are in a refuge

He is disputing my share of property which we both own 50/50 and lying in his extremely long and convoluted 'solicitors emails' wanted 'share care' arrangement but not actually saying what he wants....mud slinging trying to discredit me. He has seen dc a handful of times since we left. He doesn't seem to want her more than 2 nights a week.

My Solicitor is sending very brief and to the point letters and not engaging in any of this pettiness.

He's now been asked to show the legal documentation to show his greater interest in property. His deposit. There is none. No verbal agreements either.

My solicitor is away for 2 weeks now and I wondered how long he can stall for? He doesn't want to sell house and has funds to buy me out without any further borrowing.

I want to be able to get a home in some shape or form for my dc.

We were together 13 years.

Any advice at all would be very greatly appreciated.

TIA

I think my solicitor was going to send next letter regarding force of sale. Does this normally get someone moving if they don't want to sell??

There is no arguing with crazy - sorry It sounds as though he will stall and try to subvert the process for a very long time.

An order to force sale would have to be given by a court, so that won't be a quick process. Your solicitor's letter may chivvy your ex along to settle with you but if he is digging his heels in, you will end up waiting longer.

Thanks for your honesty

I asked solicitor when we sent 1st letter how long it could take. He said a few weeks if he's reasonable.

Clearly he's going to make it as lengthy as he can. Happy for his dc to be in refuge as long as he makes it as painful as possible.

Feel so stuck

You wrote “ex p” so are you not married?
Do you co-own the home you left? Are you on the mortgage? Have you continued to pay towards it (I realise you probably haven’t been able to)?

Never married

On title deeds and mortgage

Own house 50/50 for last 11 years

No I have never paid mortgage always been him. I went part time to raise our dc and to support his career.

My solicitor said it doesn't matter who paid bills.

I've worked up until March this year.

I'm desperate to go back to work

Are you getting legal aid? If you are on benefits, and in a refuge, you will qualify.

Ultimately, if he won't play ball, you will have to apply to the court.

Will half the equity be enough to rehouse?

Thank you

Yes on benefits for first time in my life. Have legal aid yes.

The equity would be enough to rehome yes.

He is saying he wants back his deposit from the equity.

It wasn't ring fenced.

He's got no chance.

worth staying eligible for legal aid though. Private costs for a TOLATA claim can be thousands.

Where in the Uk are you?

It's fairly common in Scotland.

If you own the house jointly half the equity is yours. He either buys you out or you force a sale. Hopefully if he wants to stay he will see sense and buy you out.

Thank you for reassurance

We are in England

'worth staying eligible for legal aid though. Private costs for a TOLATA claim can be thousands.'

I understand but feel so stuck.

What is a TOLATA?

Trusts of Land & Appointment of Trustees Act. It's the legislation governing unmarried property cases.

Thanks MrsBerti

Thanks for the previous replies.

I have legal aid now

Does anyone know if this will have to be paid back??

I had a reply from solicitude regarding this but it's a bit vague

Many thanks

Bumping for anyone with legal knowledge

Bump

Bump for you OP

My health has deteriorated since last post facing a possibly terminal diagnosis.

Invisaging money will be put in trust for Dd.

I'm owed approx 90k

He's just offered 37k

Solicitor has written Bk stating 14 days to sort or court. I'll take my chances for what they are now worth.

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?