Legal aid for a woman in trouble

[RoughJustice]

I am a regular poster but have name changed for this. Not sure if this is the best forum but please point me in the right place if not.

Friend of a friend's (not really an accurate description of the relationship but trying to be vague) husband is in jail for a very serious offence (sentenced to more than 20 years). He was also abusive to her and her (now adult) daughter. At the time he was arrested they were both in a refuge. The marital home was in his name alone. After he was sentenced fof and daughter moved back in. There is now a dispute over ownership of the house, plus there is pressure for it to be sold to pay the legal costs. Fof would be ok with it being sold and getting half proceeds as a marital asset, but he is disputing this, wants all the money and backdated rent for the time she's been living there. Plus he has a barrister (no-one can explain how he is able to pay for this). Meanwhile, she has been turned down for legal aid and her solicitor appears to be incompetent. He has been granted permission to attend the next hearing, which has really upset fof and her daughter.

It all seems so bloody unfair! I am very much on the periphery of this but wondered if anyone here could recommend organisations or sources of advice I could pass on. I'm really angry on her behalf. It's like he's still abusing her from inside prison!

She should Google for thenearest Law Centre, they give legal advice to people that cant afford a lawyer.
www.lawcentres.org.uk

And she should contact her MP as a matter of urgency.

Thank you upstart, I'll suggest those.

Are there divorce proceedings?

Is she in England /Wales?

Are there divorce proceedings?
Not that I know of.

Is she in England /Wales?
Yes

If there was a history of DV maybe Women's Aid can help?

You need a GOOD solicitor ask her to ask around in her area. Sounds to me like theres something not quite right there. She should be entitled to something from a divorce.

Yes, I thought about suggesting women's aid. There was DV, but that isn't a present threat, it's more of a legal issue. I think it would be worth contacting the MP though.

It doesn't sound right does it? Like I say, I am peripheral to the situation and don't know her well enough to ask too many questions...It's just preying on my mind and I want to be able to help somehow. She had a solicitor she was happy with, but they moved out of the area and she was passed to someone else who seems a bit crap to say the least. Fof only has state pension (just started getting it) and daughter has a less than full time minimum wage job so I don't understand how they don't qualify for legal aid- I know all the rules changed for the worse a few years ago.

If she has a refuge stay she should qualify for legal aid.

She needs to get divorce proceedings going, register matrimonial home rights, and apply for financial remedies on divorce.

Is that the procedure under The Family Law Act?

With the disclaimer I am not qualified in English law (I'm assuming you are in England) and have never seen a legal aid application form the information on this site does seem to match what little I do know about this. It explains registering home rights.

rightsofwomen.org.uk/get-information/family-law/marriage-your-rights-to-your-home/

Possibly fof failed the capital test to get civil legal aid. It's quite low.

If she lives near a university which teaches law many of them provide public advice sessions where you can meet with a law student and they will offer advice. Edinburgh does this. The student will have a volunteer who is practising solicitor sitting in with them.

In the short term a person cannot be lawfully evicted from a house without a court order, even if that person has no tenancy/ isn't paying rent so she should sit tight.

Your friend is being threatened and financially abused - using the legal system as a weapon. She needs to be talking to Womensaid plus finding a solicitor who knows how to combat these dirty tactics - also to find other women who have come lthru similar - try the relationship board

Thanks for all your replies, much appreciated.

Does capital test apply to court proceedings?
I'm not in England either. I don't qualify for legal advice but I do get a cap on the amount I have to pay for court proceedings and can pay in installments.

I'd be a tad apprehensive seeing a trainee solicitor what it seems to me she needs is one who knows shall we say, every trick in the divorce book!.

As best i understand it as long as shes married then she will have a claim on the married estate and that includes his house!

But you need a good solicitor to advise her!

The best solicitors still allow trainees to take on cases - it's the solicitor supervising who tends to argue in court, oversee things. I had a trainee nominally in charge of my divorce but I still benefited from the support of her trainer who was/is one of the best in the area.

Her ex is hostile and using very dirty tactics plus a barrister so she needs an experienced solicitor who knows how to combat these underhand tricks - not some trainee or also-ran who will enable the legal abuse.

Well she is going to have to pay for that and she has been turned down for legal aid.

I took it as read that if she is unhappy with her current solicitor she will need to find another.

The suggestions were suggestions of where she could get free advice. No one suggested she see a trainee solicitor.