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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34121
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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L am getting divorced my husband admited adultery. We had

Resolved Question:

Hi l am getting divorced my husband admited adultery. We had been married 25 years. I had a nervous break down and find it difficult to take things in and temember things. We had an agreement that l would receive all the proceeds from the sale of our house. At the moment his Solicitors have the money, the sale went through on the 17th of April. My divorce solicitor had advised me to take out a consent order. I filled forms in and then they would send things back saying l needed to sign something l had missed. Then they would get in touch saying l hadn't done some other form and l had to keep getting in touch and saying l have not received what ever it was they needed. The consent order eventully got sent to court the week before last. My solicitor said she would ask his solicitors to release the money to me lget in touch and his solicitors say its my solicitors holding things up and visa versa. Myself and my son had put a offer in on a property and we will lose this because of all the messing about. Sorry rambling but l have had enough and don't know what to do.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 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.
When was the Decree Nisi granted?
Clare
Customer: replied 2 years ago.

Its been at least 6/7 weeks

Expert:  Clare replied 2 years ago.
Hi
Has your solicitor asked for the funds to be released and been refused?
Clare
Customer: replied 2 years ago.

All l know is last week she said she was asking for the funds to be given to me. Yesterday my solicitor said she had emailed the other solicitors and told me to call them back (called them earlier in the day). Each time they are in a meeting or will get back to me or its been passed on to another colleague.

Expert:  Clare replied 2 years ago.
Hi
Do you have details of the Court dealing with the matter and the case number?
Clare
Customer: replied 2 years ago.

No have not been given that infoormation.

Customer: replied 2 years ago.

Unable to see your latest reaponse, please send it again. Thank you.

zena

Expert:  Clare replied 2 years ago.
Hi
Do you have a copy of the Decree Nisi?
Clare
Customer: replied 2 years ago.

Yes

Expert:  Clare replied 2 years ago.
Hi
Then you have all the details you need.
On Monday telephone the court and ask to speak to the family section.
Give details of the case - your names and the court number (top right) and ask if the Financial Order has been sealed yet.
This will give you a clear time line.
You can then write to the solicitors who dealt with the sale asking for the immediate release of the funds
Please ask if you need further details
Clare
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.

When l get the money from the sale of the family home l was going to put this down as

a deposit on a house and my son and his partner are getting a mortgage for the rest. Because l receive E S A l asked at the CAB about gifting the money to my son they told me l couldn't do this so my sons partner asked the mortgage advisor what could be done and the bank said they could do a shared something but again l was told l couln't do that because it was like loaning the money to them. I am not trying to con anyone,what am l expected to do l have no where to live at the moment l am sleeping on the sofa at my mothers in a one bedroom bungalow? Any advice you could give me would be gratefully received, thank you.

Expert:  Clare replied 2 years ago.
Hi
Just to check - will you be investing the money in a property in which you will live?
Clare
Customer: replied 2 years ago.

Yes

Expert:  Clare replied 2 years ago.
Hi
Then there is no problem.
So long as your son and his partner sign a Declaration of Trust confirming that you have an interest in the property you are not in fact giving the money away at all
Clare
Customer: replied 2 years ago.

Hi l've been told that my son and his partner can't get the mortgage unless they pay their credit cards off first. I can't pay it off because they would say l was getting rid of my capital so l can carry on getting ESA. They owe about 6 thousand pounds. I said what if l put more down as deposit but the mortgage advisor said it would't make any difference. We are going to lose this house if we can't sort things out asap.

Customer: replied 2 years ago.

Can you give me any advice on my last question please?

Expert:  Clare replied 2 years ago.
HI
My apologies for the delay
Has the mortgage been offered with this as a Condition?
Clare
Customer: replied 2 years ago.

Yes that they pay the credit cards off. I have even said l would put 86,000 down as a deposit but the mortgage adviser said that still wouldn't make any difference.

Expert:  Clare replied 2 years ago.
Hi
If it is a condition of the mortgage then this is not a problem
You pay the money to the solicitor and the solicitor pays the debts off just before exchange - this is just part of your investment
Clare
Clare and other Law Specialists are ready to help you