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[Solved] Solicitor reckons 30%

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Nickpuna
(@nickpuna)
Eminent Member Registered

Just a quick question I was talking to a solicitors he reckons that because I haven't paid the family mortgage for over a year I'll be entitled to 30% of equity from family home. Anyway I told him i was made homeless by my wife and lost my job because I was unable to travel from London. I thought I would at least try for 50/50 as I paid the depoist for the home and 4 years mortgage. Any thoughts should I try and get another solicitor as this one says "you don't need to go to mediation as your wife has already decree absolute"

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Topic starter Posted : 02/02/2021 10:25 pm
Daddyup
(@Daddyup)
Honorable Member Registered

Do you have any kids?

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Posted : 02/02/2021 10:36 pm
Nickpuna
(@nickpuna)
Eminent Member Registered

Yes mate so she's denied me access to see my son. So I have a
Final hearing on 11th February ex made up stuff about domestic abuse for blackmailing me saying "if you want to see your son you have to sign the family home over to me"

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Topic starter Posted : 02/02/2021 11:22 pm
Djsmith
(@djsmith)
Trusted Member Registered

Short and long from my experience my x lied and got a DV and it would have cost me so a year has gone by and have no DV level playing field for me Yes x is living in the house, yes paying an interest-only mortgage house 50/50 x living of U-Credit a waiting game for me re-mortgage in a years time the youngest for me will be 15 (Never sign your home over to your x) have you got that in-text writing or other keep all correspondence don't get into arguments keep it about the children anything else let your x text, etc and then at least you have a record of.
Have you any proof documents of the amount you paid?
Have you been served papers if so what?
C100 / C1A / Cafcass involved have you have had your call from (If not be very careful)

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Posted : 02/02/2021 11:44 pm
warwickshire1
(@warwickshire1)
Honorable Member Registered

That is a fair statement from a solicitor saying you would get 30 % . Most solicitors are moneygrabbers. Sounds like he was being very honest. With you not paying mortgage for last year and your ex having the kids as well 30 % - 40 % would be about right. Its hard enough to get 50-50 when u reside in home and pay all the mortgage. If its contested it could cost a lot of money and you could end up with less.

Would your ex accept a 70-30 in her favor though,. if she did you could use accepting 30 % as a bargaining chip to get a good contact order with children in return

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Posted : 02/02/2021 11:51 pm
Nickpuna
(@nickpuna)
Eminent Member Registered

Yes mate I have it all showing on my bankstatment that I paid £8700 To her and her solicitor plus I have receipts showing paid white goods worth £5,000
I'm in debt of £10,000 because I gave her £8,700
For her bloody business. I put the deposit down for the home paid mortgage for 4 years. Then she made me homeless I've been sleeping on people's sofas for a year and half trying to get somewhere to live. While she's living in a 3 bedroom house with her new boyfriend plus she won't let me see my son. So I applied for C100 that's been on going 14 months due to Covid 19 and her not turning up

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Topic starter Posted : 03/02/2021 2:19 am
Nickpuna
(@nickpuna)
Eminent Member Registered

She doesn't negotiate on anything it's me trying to sort everything out with her it's all about give me the house I said "I'll sign my share over to our son" her reply was no give it to me

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Topic starter Posted : 03/02/2021 2:24 am
Champagne
(@champagne)
Estimable Member

It seems that you are doing all the right things - taking legal advice and applying for child contact. The court will give priority to the children and ensuring they have a roof over their heads. You could try another solicitor and trying to get a free half hour chat before deciding which one to use

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Posted : 03/02/2021 1:50 pm
Djsmith
(@djsmith)
Trusted Member Registered

Sounds to me very similar
30% is low you had to move out your costs would be more than her mortgage that your ex is paying?
Your paying CMS?
Factors to come into it!
The money that you gave her you have proof that it was not a gift etc
Your x will be getting advice from everyone at the end New Boyfriend proof that he has moved in that could play within your hands you need to write all done as others have said seek a second opinion but 30% is Low but at the end of the day if she wishes to stay in the house the courts will allow this until the eldest turns 18.
Then the house to be sold.
Play hard and make sure that your x signs the Undertaking statement that she pays the pay the mortgage and any up keep to the house.
Are you aware is she working or on UCredit?

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Posted : 03/02/2021 2:28 pm
Nickpuna
(@nickpuna)
Eminent Member Registered

Yeah so I know it's low and will be getting 2nd or 3rd opinion plus I was trying to give me share to my son anyway. I said to her "I'll walk away give my share to my son, you can stay in the house until he's 18" but as usual she said "I can't do that your son will be spoilt" I couldn't believe her response that's when I realised I'm going to have to fight tooth and nail.

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Topic starter Posted : 03/02/2021 3:51 pm
Nickpuna
(@nickpuna)
Eminent Member Registered

She has a fulltime job with John Lewis I was paying her weekly £60 for our son but she still denied me access to him so I stopped payment. Bottom line she knows she's in debt and is just being vindictive and is using my son as a pawn for financial gain all the time she made homeless and abused me.

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Topic starter Posted : 03/02/2021 3:57 pm
Djsmith
(@djsmith)
Trusted Member Registered

OK
Should have not stopped payment (CMS Involved)? Your x could use against you and anyway you will have to pay back-pay has your x contacted CMS?
Have you contacted them or not?
she made home-less and abused me (If that was the case you could see if you're able to get a DV on her)
Are you working?

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Posted : 03/02/2021 8:22 pm
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