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Joy Nicholas
Joy Nicholas, Lawyer
Category: Family Law
Satisfied Customers: 1814
Experience:  Lawyer
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My ex husband is taking me to court as he wants 50% of the

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Hi
JA: Hi. How can I help?
Customer: My ex husband is taking me to court as he wants 50% of the share from the family home that we jointly own where i live with my 3 boys he has not contributed to the mortgage since he left 17 yrs ago and i want to dispute this in court as i have evidence i paid the mortgage all this many years but as im not wiorking i cant afford to pay lawyers fees i need help i dont know what to do as iv got to send in my financial statement along with form E
JA: What steps has your ex-husband taken? Has he filed any papers in family court?
Customer: Yes hs filed papers
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does your ex-husband live in?
Customer: Hs in milton keynes but the hearing in the peterborough crown court
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I want to apply for legal aid or get any help i can as i have physical n mental health issues

Hi, thank you for your message. I am sorry to hear about your situation.

1)You may qualify for legal aid if you have low income and want to take the case to court. You can check if you can get legal aid here: https://www.gov.uk/check-legal-aid. You can find a legal aid solicitor by using this link: https://find-legal-advice.justice.gov.uk/

2) You might be able to find a pro bono lawyer by attending a LawWorks Clinic. The LawWorks Clinics Network is a network of free legal advice sessions that LawWorks (the Solicitors Pro Bono Group) supports. For more information and to find a network near you please visit the following website: https://www.lawworks.org.uk/legal-advice-individuals/find-legal-advice-clinic-near-you

Normally when you separate you have a right to a share of the property. The starting point is a 50/50 split but will depend on each of your circumstances. Ultimately it will be for the courts to decide the outcome looking at fairness. As you have stated that he has not contributed towards the mortgage for 17 years this is something that the courts may take into consideration. I would advise that you gather evidence such as statements showing that you have been making the full payments on your own. You should also instruct a solicitor using the links I have shared under points 1 and 2 above. I hope this helps.

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