Help with Solicitors Fees, divorce due to domestic abuse

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  • #13655 Report

    Back212
    Participant

    I left my husband 10 months ago with my 3 children due to domestic abuse and moved into a private rental leaving him in our mortgaged family home.

    Due to domestic abuse I should qualify for legal aid but because of the amount of equity in the house I cannot get any financial help.  My ex has stuffed our credit rating and so I cannot get Novitas funding either.  I only work part time which goes totally in rent so all we have to live on is tax credits.  He is also self employed and puts everything through his books as outgoings on the business and so for 3 children I get £42.89 in total maintenance a month.

    His solicitor had told him not to put the house up for sale and he cannot afford to buy me out so I am now faced with having to take him to court but cannot afford to do so and nobody can understand what his solicitor is trying to do.  The house is in joint names and I have the children.

    It feels like the abuse is continuing and I everything is stacked against us.  The children have suffered so much due to his behaviour and I promised them a happier, free life when we left but we are struggling to get any justice to get our money and start a new life.

    If anyone has been through similar or  has any suggestions I would be very grateful. Thanks

     

    #13662 Report

    Sherinam
    Participant

    Hi my situation is not quite like yours . My ex moved out of house and I paid all bills but not mortgage which was £195 a month because he insisted on paying it.  So I maintained the home and did lots of work on  it . His name was on mortgage . Not mine .I fell pregnant and had mt redunfancy money. my ex wanted out of the property but said I could have it if I took on mortgage.  He then had second thought and took.advive from solicitors to sell it to me.   I was taken to court and when I seeked legal help I was told by solicitor that I could pay fees after the sale of house.  I used my redundancy money of £25k to pay the solicitor and barrister.  So you will need to find sympathetic  lawyer but try and do mediation as the lawyers want to be paid as they don’t forget nothing for free.

    #13666 Report

    Back212
    Participant

    Hi,  The solicitor I have been using was introduced to me by the local domestic abuse team.  She has been chasing for the house to be put on the market and a financial settlement but my husbands solicitor appears to be delaying this and w hen my ex did recently put the house for sale, the solicitor told him to take it off again??? Unfortunately my credit rating is so low due to my ex that I cannot get a loan plus Novitas who loan to pay solicitor and then they get paid out of the settlement won’t even help when the equity is around £250,000.  I am stuck in a loop hole in the law and despite the fact that the only money I have is invested in the house, I cannot get help to get it.

    DA was reported to the police but as it was not violent they told me that the chances of winning the case would be almost impossible as they had seen it within my local area before.

    #13669 Report

    Sherinam
    Participant

    OK the longer it drags on it is more money for your husband legal team. This is what happened with my ex. I was desperate to stay in my home as i was pregant and on my own .  No family nearby and both parents dead.we communicated directly but his lawyer got shot of this and told me not to contact his client. I was all quite amicable at first but these people just want money even if your circumstances are  dire. Do not trust anyone not even your legal team! My husband hid everything in his  family name and I did not come out of divorce with much as I worked and put everything into our home .  The longer it drag on it will eat into the money that you are expecting from sale of house. My ex husband met my daughter twice and took us to hospital appointments because she got a diagnosis of autism and i was out of my mind with worry. I rang him.and he took time off work to take us in the car . He lives in a massive house paid off for in the West end and he is now embarrassed and disgusted on how he behave towards us.

    #13687 Report

    Back212
    Participant

    I wish in hindsight that I had stayed put in the house but he was making mine and the childrens lives hell and he threatened to smash all of the windows and furniture.  At the time I found this very frightening.  He still feels the house should all be his.  I did ask my solicitor early on about getting him out so we could move back but she quoted in the region of £5,000 to do this.

    #13701 Report

    Jen
    Participant

    Feel your anguish. I too am in similar situation my ex began drinking to the point he made himself so ill . He became violent so me and the children had to leave our family home , of which my name is on the mortgage but we never married . I am staying with my elderly father and am sharing a bed with my son it is not ideal situation I came get anywhere with council housing just been out on waiting list which I am still in since last year . Can’t afgird to rent privately . So am stuck here . I asked for him to go to mediation but he refused . So have to get a solisitor. It’s way above what I can afford but I seem to be getting nowhere fast .

    #13707 Report

    Empty
    Participant

    Jen – you don’t need a solicitor to take him to court, especially with DV involved and refusing mediation. The court will eat him up. Plus, you can get legal help in court in your situation. PM me if I can help further.

    #29586 Report

    Abbeydad
    Participant

    For anyone who has the kids is out the family home, and had no money, there is a free service they can help you get a non molestation order and occupation order, it is possible.

    0800 970 2070

    Family court is there to help, you don’t need a solicitor or barrister

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