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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33942
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I am claiming income support but live in same house as my husband,

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I am claiming income support but live in same house as my husband, I can't get legal aid and to divorce a solicitor said will cost app 400 for the petition in court and then another 500 then a rolling fee of between 2-300 a month. The house we live in is on the market. But if it sells I am in the predicament that to rent privately I need a guarantor, which I don't have, believe me I've looked at everything, so I would need a substantial sum to pay 6-12 months rent in advance without a guarantor. Even then I've been told by various agencies and landlords that cos I'm unemployed I still won't be taken on a tenant. I went to the job centre today to see about being self employed, rang tax credits to be told I owe them over £2000, so that needs looking into. I just feel stuck. My husband is emotionally & financially abusive, we've been in a refuge for. 5 months in 2012, but it's too long ago to be eligible for legal aid. What are my options without putting my daughters through more upheaval?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage/
What other assets and debts are there and what income do you each have?
How long have you lived together and how old are the children?
Clare
Customer: replied 3 years ago.
The house is on the market for 210,000 the outstanding mortgage is 140,00. I have no income other than inc support. He earns 104,000 a year. He has a debt for 20,000 for a car and kitchen. Lived together since 2009. I have a daughter who is mine who lives with me. We have a 2 year old daughter who is ours.
We are already leading separate lives, but he won't divorce me first.
Expert:  Clare replied 3 years ago.
Hi
Do you not wish to remain in the property (without him)
Clare
Customer: replied 3 years ago.
I've been told that I can't stay here because I can't afford the mortgage by myself, it's 852 monthly at the moment but will go down to 670 in May or June, if the house doesn't sell beforehand. I would stay here if I could afford to, but if I have to look for a rented property I would still need a 4 bed which this is, as my son comes here at weekends
Customer: replied 3 years ago.
I would stay in the property if I could, but the mortgage is 853 a month, goes down to 670 or thereabouts in May June this year. But I was told the mortgage wouldn't be transferred solely into my name as I am without employment and the mortgage company won't take me on. I would like to stay here as it has 4 bedrooms and my son comes to stay at weekends. If I rented somewhere I would have to pay bedroom tax and would only be able to rent a 2/3 bed which doesn't seem fair. Plus he's said he won't leave here. Though he has once when he gave us the house when we were in a refuge and couldn't find anywhere to rent. ( he had burst appendix whilst away at work, and was poorly for months so I let him come back here. Then he had a hernia which was operated on last Novemebr, but now he has another hernia) I always feel guilted into not seeking a divorce etc. but now I can't cos it will cost me over £1000, then the 2-300 a month.
Expert:  Clare replied 3 years ago.
Hi
Forget what he wants and what he says
hH will have to pay you child maintenance at 12% of his gross income and spouse maintenance as well - which could be enough to cover the mortgage - could you afford to stay there then?
If not how much does a three bedroom property in the same general area cost to buy?
Clare
Customer: replied 3 years ago.
I probably could afford to stay then. To rent around here a 3 bed is about £600-700 a month. I was told that I wouldn't be able to stay here by a solicitor I went to see. It made me think. But can he be made to pay maintenance etc, would it go to court?
Expert:  Clare replied 3 years ago.
Hi
How much would such a property cost to BUY
Clare
Customer: replied 3 years ago.
A 3 bedroom to buy around here starts at 130,000. A 4 bed the cheapest is 184,999.
Customer: replied 3 years ago.
A 3 bed, cheapest is £130,000 a 4 bed the cheapest is £184,999
Expert:  Clare replied 3 years ago.
Hi
Does your husband have nay savings or other assets?
Have you actually discussed Legal Aid with a solicitor?
Clare
Customer: replied 3 years ago.
Yes I discussed legal aid on Monday, but as it's over 2 years since I was in a refuge they said I can't claim it. It would be hard to get him out of the house if they wrote asking him to leave, as he won't leave. He says it's his house his money etc. I don't know his financial circumstances as he doesn't discuss things like that with me. This is why I am so stuck.
Expert:  Clare replied 3 years ago.
Hi
Did the solicitor ask about a Doctors letter at all?
Clare
Customer: replied 3 years ago.
No, she just wrote it down and said it might come in useful. That's all, not that she would pursue it at all.
Expert:  Clare replied 3 years ago.
Hi
There are a number of options open to you - some realistic - others less so - so I shall simply share them all with you so that you can consider which ones might work for YOU
The starting point is that you will not need to pay the Petition Fee - you are on Income support and are entitled to Fee Remission
You can in fact do you own petition based on his Unreasonable Behaviour and issue it at court to kick start the process.
You can read more here
https://www.gov.uk/divorce/file-for-divorce
Once that is underway you can then apply for the Financial Matters to be dealt with and given his earnings you can ask for Interim spouse Maintenance to include provision for money to pay legal fees (the law does allow this)
Given the position you have described I have no doubt that you will be allowed to remain in your current home and your ex will have to leave - and any sale will be delayed until your youngest is 18 or you cohabit at which point you will receive at least 60% of the equity- more if you give up your right to ongoing spouse maintenance
Alternatively you should speak to your doctor about the ongoing depression and stress you are clearly experiencing as a result of the abuse that you have suffered
A letter confirming this should entitle you to Legal Aid - find a different solicitor as a good one would have discussed this with you
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33942
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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