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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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My ex wife is on legal aid, if there are no assets or very

Resolved Question:

My ex wife is on legal aid, if there are no assets or very limited assets available can she continue to claim legal aid. I thought there had to be some assets available within the ancillary relief proceedings to warrant continued legal aid support and there being some possibility of the legal aid being repaid from those assets.
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.
What is the extent of the assets and debts and what offers of settlement have you made?
Clare
Customer: replied 3 years ago.

It's been going on for two years and I have an FDR on thursday.There is around 20k of equity in the house as it is mortgaged, which is in my sole name and she lives in it with the kids and we both have small pensions and cars of not much value. I live at my parents.


 


Offers of settlement have included the discretionary trust which I mentioned before offering to purchase the property from me and allowing her and the kids to live there and that's about it.


 


I don't know what her legal aid bill is so far but I would guess it's in the ten's of thousands so really my question is at what point if at all does the legal aid organisation turn around and say there's not enough money available to pay back this bill. I have borrowed money from relatives to pay for legal services.

Expert:  Clare replied 3 years ago.
HI
have you offered her the house?
Clare
Customer: replied 3 years ago.

To live in with the kids, so the trust would purchase the house from me as in I currently own the house and have a mortgage on that at the moment. She would not own the house but have what I think is called a licence to live there until she wanted to remarry or cohabit.

Expert:  Clare replied 3 years ago.
Hi
If the equity is so small why have you not offered her the house?
Clare
Customer: replied 3 years ago.

Because of the mortgage. I think I have use the wrong terminology here. The house is worth say £100,000 and the amount owed on the mortgage is say £80,000 so I own the house in name but the bank has a first legal charge on the property.

Customer: replied 3 years ago.

These are not the actual values and I cannot afford to service this mortgage and provide housing for myself so it's not possible to keep the house without the trust buying it from me.

Expert:  Clare replied 3 years ago.
Hi
If I was acting for her I would not accept this as an offer on her behalf
The fact that this is the best that is on offer would certainly be justification for the continuation of Legal Aid
I am sorry - I know that this is not what you wish to hear but it is the position as it stands
Clare
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