[Solved] Solicitor reckons 30%
Nah CMS wasn't involved I was giving her money so I could have access to see my son. Unfortunately she said "sign the house over to me or you won't see your son" so I stopped payments after six months. Besides I was skint and had lost my job due to her making me homeless I'm still looking to try and settle down. She never contacted CMS ever
It becomes more complex when children involved.
30% is low but depending on value etc you could end up arguing over value where it costs you more in legal fees.
I would also be careful about trying to sign house over to son. It becomes more complex and costs more and can cause ex to become more hostile. You need to look at trusts and responsibility for property etc.
Solicitor seems to be fair, however get more opinions. Open up a CMS case yourself and let them decide what you need to pay and maintain it.
Do not be afraid to press the nucleur button and suggest that the property needs to be sold or that she needs to raise the capital to buy you out. Signing things over and allowing her to live there until child is 18 also has its issues..
You are unlikely to get 50% split of equity not because you haven't paid the mortgage but because you child will be with your ex and their needs are greater than yours.
With you being out of work and homeless means your needs are also considered. Also try to get some contact with child as this will also increase your needs as you need to provide a home for child too for when they are with you.
All the best.
That's great thanks so I have a final hearing for child arrangements on the 11th February I'll see how that goes I'm confident I should get to see my son seeing that the courts have said "there's no evidence of DV" obviously she was lying and wasting the courts and my son's time. After the hearing I'll get a solicitor and pursue the financial settlement your advice makes sense I'll pursue her to try and sell the home as my son and I need a place to stay when he's with me. I'm actually working now paying £500 a month for a room in London my job is NHS Tester casual work £300 a week. Just a quick question is there a time limit for me to pursue my ex for a financial settlement. I'm just saving money for solicitors fees for a couple of months
What contact has been recommended by cafcass in s7 report for final heaing? Whatever has been recommended is what it is likely to be. Does your ex live in london as well as distance to see your kids could play a factor. Was there much equity in house? Also finances can cost tens of thousands if ex contests and they are very long processes with potentially a fair few hearings. how old are your children?
Cafcass has recommendations of controlled visit and sending gifts to my son. My ex lives in Banbury there's £60,000 in equity plus she works and can't afford the solicitors fees as she mentioned that to me when I was forced to apply for the child arrangements order. So I tried to negotiate with her offering mediation service telling her at the time "I'll pay for the mediation knowing that you can't afford it" same answer as always no reply just playing games wasting time and using my son as a pawn. As soon as the child arrangements final hearing is over I'll be pursuing the financial settlement.
Son is 10 I haven't seen him in 1 year and half
I think its unlike that your son can be a part owner of the house if its subject to a mortgage so perhaps steer away from that one. Also, if you signed over your share to your ex to have contact with your son, is she likely to keep to her side of the bargain for the next few years?
Currently there is no time limit for former couples to apply for financial settlements after divorce, meaning that many individuals are at risk of their former spouse lodging a financial claim against them, even decades after the dissolution of marriage.
I imagine with banbury been a fair distance from london potentially you are going to perhaps end up with every other weekend and half of the holidays eventually. With it being a 18 month period of not seeing son albeit he is 10 are Cafcass suggesting supervised or contact phased where you would like spend the day with your son say for 4-6 hours every saturday for example and build it up towards overnights by easter for example.
Your ex if she wants to keep the house especially as she has someone living with her is to buy you out surely. If she cant do that then she should sell. Finances is a very stressful and very expensive process . Even if she give you 30 % of 60 k equity you would be better off than going through the whole court process which takes absolutely ages.
Child maintenance you would only be liable to pay once your ex puts a claim in with CMS unless you carry on with your current arrangement. If you think you would be better off paying £60 a week than your ex contacting CMS i would do that. Some woman like to leave you alone when u are not seeing kids but as soon as contact starts again they want you to pay again. When u dont thats when the call goes into CMS even though they didnt bother whilst u werent seeing them. Dont ever listen to an ex when they say they got no money , more often than not they claim poverty to get you to pay court costs and feel sorry for them
She has no money at all she's in debt from her business venture plus she owes me £13,000 which I gave to her for business. I took the money from my credit card and paid her landlord and solicitors so I'll be claiming that of her. She couldn't afford a solicitors for the child arrangements I'm pretty confident she will come to the negotiation table then the sob story will start.