Hiya, at complete wits end at the moment as the title suggests! My post ex of a stepfather had a 3year affair while with my mum and then left her, now wants our home sold and proceeds to him! He barely contributed to the costs,but is taking mum to court. She earns absoloutly nothing, but legal aid aren't interested! She has to go back to court soon,which apparently will cost £30,000 (stupid utter madness!!) She spends her days crying and is a wreck! He doesnt pay any child maintenance, so she pays absoloutly every bill and goes without anything! He is in mega debt,but is likely to have a barrister and lawyer in court and wants everything off mum! She hasnt got a pension and only money is the house, what to do!!! Anyone got any fab ideas, as most solicitors are demanding up front funds, which she doesnt have! Any advice would be soo apreciated! Thankyou in advance
2007-07-09 07:52:18 · 8 answers · asked by Talia W 2 in Politics & Government ➔ Law & Ethics
Yes as I said-Legal Aid don't want to know as last year she earnt about £600 more than their criteria. Also the sh*thead is in so much debt he could aparently go for bankrupt and apparently the court will look for where he has money-our house! But he only ever paid the mortgage of which has gone up due to non payments and resulting in threats from baylifts! Arghhhh im so scared for her and feel useless!
2007-07-09 08:43:56 · update #1
You have to be provided with legal aid if its shown you cannot afford it.
It sounds like your mum has dependants, her children, the family home will not be taken away from her if the kids are still under 18. And the court will side with your mum if the facts you state can be proved.
First stop should be your local Citizens Advice Bureau. They will help you out.
Go to their website if there isnt one near you or phone them up. They will help, honest.
2007-07-09 07:59:06 · answer #1 · answered by futuretopgun101 5 · 1⤊ 0⤋
I do not know the legal details of your home (i.e. who owns it) or the legal status of your mother with regard to contributions to the family home. If the stepfather owns the home, obviously he will claim that he can sell it as he wishes. I understand he is going to court- is he seeking possession of the home? If he is, then any court will not shut their ears to your mother's case and will consider the occupiers of the home and whether it is equitable in all the circumstances to allow the sale.
You should plan this carefully and "hit all the right buttons" to prevent the sale.
The occupiers of the home (e.g. your mother) may have been given a promise by the stepfather that they can remain in the home. The courts are also very willing to imply a promise if presented with representations made by the husband that the family home is a family home, and that there will be guaranteed stability. Also the courts are keen to look at any detriment your mother will suffer, or has suffered (e.g. moved from stable private accomodation to the stepfather's home). The courts will also consider the circumstances of any children. But if your mother has alternative living arrangements, its likely the court will allow the father to proceed with the sale.
In conclusion, provided that your mother goes through her circumstances and plans for the case, and lists the detriment she will suffer if the home was sold, and any promises the father made and what reliance she has suffered or what contributions to the home she has made, the court has flexible discretion to:
-prevent the sale
- grant her a right to some of the proceeds of the sale if she has made a contribution to the home (e.g. paid mortgage payments, looked after children, decorated the home, added value to the home).
-and other flexible remedies.
2007-07-11 06:59:26 · answer #2 · answered by Worked 5 · 0⤊ 0⤋
As the previos guy said he cannot force her to sell if she has children under 18, also the court will be very interested to hear if he has contributed anything to the mortgage/child maintenance!!! Get down to CAB immediately with your mother they will be able to help you! Good luck for you and your Mum x
2007-07-09 08:03:15 · answer #3 · answered by Dimples 4 · 1⤊ 0⤋
Get your Mum to go talk to the Citizens' Advice Bureau. They may well refer her to a Solicitor for a one-off free session where she would be given sound advice. Costs nothing. Good luck.
2007-07-09 10:03:15 · answer #4 · answered by HUNNYMONSTA 3 · 1⤊ 0⤋
I'm really sorry to hear your story, it is really sad, if i was a lawyer i would help you,but I'm not, go to your local citizen advice office,they are amazing, hope it all works out for you mum,keep safe all the best
2007-07-09 08:35:02 · answer #5 · answered by Anonymous · 0⤊ 0⤋
hiya
im a criminal defence lawyer, only thing is im in scotland, if you live in scotland i would be happy to give you some general advice if you dont then you should ask someone from england who might know a bit more
2007-07-09 07:56:26 · answer #6 · answered by spongebobs biggest fan 5 · 0⤊ 0⤋
discover out precisely the place he lives. flow there and burn his shed (or another shape different than the abode this is on his sources) and tell him he has 2 weeks to pay you the money or the home is next.
2016-10-20 10:50:40 · answer #7 · answered by ? 4 · 0⤊ 0⤋
Have you applied for legal aid?
2007-07-09 08:13:47 · answer #8 · answered by Scouse 7 · 0⤊ 0⤋