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Kasare
Kasare, Solicitor
Category: Family Law
Satisfied Customers: 204
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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I have separated from my wife, we have a lot of debt, she has

Customer Question

I have separated from my wife, we have a lot of debt, she has moved out of our house and changed the locks and moved in with her mother with our 2 daughters (6 & 12) I have no money and have seen I can not get legal aid, my wife on the other hand is able to get a solicitor paid by her family, I feel I will lose my children as she is making it more and more difficult to see them (encouraged by her mother) I don't know what to do
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
I shall do my best to assist you but I need some further information first
Who is living in the property at the moment?
When did you last see the children?
Claire
Customer: replied 3 years ago.

No one is living it the property, we are in arrears with the bank so it is likely to be re-possessed, I saw my youngest daughter Tuesday evening but my oldest does not want any contact with me so my wife tells me.

 

Also my wife again with the assistance of her mother has "gutted" the house and moved all furniture etc to a warehouse lock-up, when I asked about this she told me she needed it for when she gets a property sorted out to furnish it for the children.

 

Thank you for your help it I appreciated.

 

Expert:  Clare replied 3 years ago.
Hi
Do you not wish to return to the property and get lodgers to help with the mortgage?
Claire
Customer: replied 3 years ago.

That was an original idea I had but in a quick meeting with the bank I believe we are past that point due to the arrears we are in. My wife originally had correspondence and agreed to pay a monthly sum but I am not aware of what the agreement was specifically. I now have the CSA chasing me and have an attachment of earning that are effective this week so currently I only have approx £110 of disposable income left per month so am currently sleeping at my sisters and contributing for my food. I must sound like quite a hopeless case.

Expert:  Clare replied 3 years ago.
Hi
Please do not worry.
Rather than the expense of having the property repossessed have you considered simply agreeing a sale of the property?
Claire
Customer: replied 3 years ago.

Yes the house is on the market and has been for a few months now, not sure how long we will be given by the bank as they did say action would be taken at the end of April

Expert:  Clare replied 3 years ago.
Hi
Is it overpriced?
Claire
Customer: replied 3 years ago.

Not in my opinion on market for £167k and this is the price quoted by 2 Estate agents.

Expert:  Clare replied 3 years ago.
Hi
How much is outstanding on the mortgage and what contact are you seeking with the children?
Claire
Customer: replied 3 years ago.

We have debts of approx £19k which includes mortgage arrears. Currently I am being allowed by wife to see my youngest daughter on a Tuesday evening from 5pm until 7pm, then have her every other weekend from Friday until 6pm on Sunday but this is currently just a verbal agreement which under the current situation may get more difficult. As I pointed out before I am being told my eldest daughter does not want to see me.

Expert:  Clare replied 3 years ago.
Hi
How much is actually outstanding on the mortgage?
When did you last speak to your elder child?
Claire
Customer: replied 3 years ago.

Claire I really do appreciate your assistance but not sure where this is leading, I feel I need to be able to speak to someone face to face as I have some documentation and a letter from my wife's solicitor. I am beginning to think this is a lost case, my wife has money backing her and I have nothing and from looking at the internet the days of legal aid for this type of domestic issue no longer exists.


I feel I can not waste your time any further and will have to take whatever comes my way as I have no way of paying for legal assistance.

Expert:  Clare replied 3 years ago.
Hi
I know that it is worrying when the other side is represented and you are not - but things are not as bleak as you fear
Financially I need to know what the full position is so that I can give you as good a guide to what might happen as I can.
So far as contact is concerned again I need some idea about your relationship with the child in order to help you move forward.
Would you like to continue?
Claire

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