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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35056
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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How do I know if I qualify for legal aid towards a solicitor

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How do I know if I qualify for legal aid towards a solicitor as my husband of 31 yrs marriage left on 22/8/16 whilst away at my sons in Gillingham collecting my 11 yr old grand daughter who lives with until she is 18 yrs ols under Special Guardianship. I do not know where is living now, only able to text which he does not always answer. He refuses to pay bills and he is coming into an inheritance from his dad who died last year 2015 and he says he does not have to pay me half of it. Please can you HELP me?

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first.

Who owns the house you are living in and what income do you each have?

Customer: replied 1 year ago.
We both do U earn £17,100 approx he does not work gave up when left
Customer: replied 1 year ago.
No thanku
Customer: replied 1 year ago.
Hello r u still there Clare please?

How much is the house worth and how much is outstanding on the mortgage?

How much is he due to inherit?

Customer: replied 1 year ago.
Mortgage remaining approx £19,000. House worth £189,000 approx and do not know inheritance figure as he will not tell me

What is your best guess?

Do you want a divorce?

Customer: replied 1 year ago.
I really don't know and yes to divorce but not moving out of house
Customer: replied 1 year ago.
I will end conversation here as you have told me very limited if any information I don't already know.

I have not yet given an answer - sadly I do not type very fast.

I have mixed news for you I am afraid.

On the good side it is unlikely that your ex will be able to force a sale of the property until your granddaughter is 18 or ceases to live with you (or you cohabit)

What happens at that point depends to a great deal on how much he has inherited

The bad news is that he will not be forced to pay you half of his inheritance - BUT the fact that he has that money means that you will get a larger share of the equity in the matrimonial home.

How large a percentage that will be will depend on the amount he receives

At this stage you can issue divorce proceedings based on his Unreasonable Behaviour if you wish to do so - or you can simply wait - the choice is yours

Please ask for any further details that you need

Clare and other Family Law Specialists are ready to help you