What type of solicitor do I need?

[waffleyversatile1]

Hello all.
I have tried to google this but getting sent in all directions. I own a house with ex husband. I'm still on mortgage. It's a long complicated story. Life time restraining order in place against him. He's still living in family home alone. I'm finally in a place where I can afford to go to a solicitor plus I have no fear of repercussions. I have had this hanging over me for years.
What type of solicitor do I need?

Depends what you are looking to do. Do you want to take over the property or let go of it?

That's for reply. Sorry I should have said. I want him to buy me out. I want my name of the mortgage also. There is a lot of equity. It probably won't be a 50/50 split but I just need to have no more ties to him.

I have been advised I need a specific solicitor and I can't remember what the need to specialise in.

I would have thought a property solicitor would be your best bet as you might need to get a court order for the sale.

Thank you. It will definitely be a court order which I didn't have the energy for until now. (Not sure if I do now tbh) but it needs sorting

It will be a conveyancing solicitor you need for removing your name from the deeds. He will need to contact the bank and they will need to make sure he is able to make repayments so he can get a new mortgage or remortgage to take your name off the loan itself too.

So are you divorced with no financial settlement in place?
If you, I'd probably talk to a family law solicitor as it sounds like you might have done the legal bit of the divorce without the financial settlement.
Apologies if I'm wrong

Thank you. You are correct. A caveat was put in the divorce stating the house would be agreed at a later date. I was thinking of going to a solicitor that dealt with conveyancing and family law. I'll be making enquiries tomorrow.

Thank you. I have done a bit more googling and it was a conveyancer

@waffleyversatile1 yes. Look for a firm that does family, who can look at the original process, then conveyancing so you don't need to change firm.

England?

Family law person here. You need Family with a focus on finances.

For example, my specialism in Family is Children (care proceedings etc), my colleague's is Finances.

All the best.

You don’t want a conveyancer who is likely not even to be a solicitor. You want a family solicitor as you were previously married (and this was an issue anticipated in the divorce /financial remedy proceedings. I would say look for a finance specialist as a pp has said, but also someone with experience in family trusts.

Go back to your divorce solicitor they must deal with this all the time.

If he will buy you out and you both agree the price etc then you need a conveyancer, if he won't agree then you need a family law specialist first to get a consent order or court order setting out who gets what share and then a conveyancer.

Family lawyer with a property arm. Do you jointly own the house? Should get legal aid due to the abuse. If it goes to court, you need a barrister. I was advised I could get a direct access one.

Thank you. Some really good advice. To the pp that asked yes England. This won't be straight forward.
I left the family home with 2 children due to DA. He put the house on the market straight away and we agreed to go 50/50. This was about 13 years ago. The situation then took a very nasty turn ending with him almost in prison hence the restraining order. Took the house of the market and I was always to scared about rocking the boat. House is worth approx £300k. £50k left on mortgage. It sure what I will get from this but my main aim is some money for my children who are now adults and to finally be free of him. Typing this out I can see it will be more family law. May go back to my old solicitor they are just based quite far away

Yes jointly owned. I doubt I'll get legal aid. I had to pay a small fortune previously with regards to the children and I only worked part time. Now full time and on a higher wage