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Negligent legal advice cost me my home in divorce

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Comments

  • Guest101
    Guest101 Posts: 15,764 Forumite
    BeingMe wrote: »
    If I was inclined to find out, the charities would have to tell me. Not sure why you're clinging onto tiny facts. Why would 7 different lawyers tell me the same thing? I was just using this fact to illustrate that I have several good sources that indicate I potentially have a good case.



    They would 'have to' tell you


    Just like your first solicitor 'had to' act in your best interest?


    - Have you learnt nothing from your past experiences?
  • BeingMe
    BeingMe Posts: 158 Forumite
    Ninth Anniversary 100 Posts Name Dropper Combo Breaker
    Buckslady, genuinely I did not question her advice. She was the professional so I believed her that the cohabitation period meant nothing. Thank you for your well wishes.

    Guest, I do have rights bestowed upon my by acts of parliament relating to marriage and the legal position that gives you. Property purchased during a marriage (cohabitation counting as marriage in my situation) is property of the marriage and there are laws that deal with this including the unnamed spouses right to occupy the property as well as other things.
    Debt free 2016
  • BeingMe
    BeingMe Posts: 158 Forumite
    Ninth Anniversary 100 Posts Name Dropper Combo Breaker
    There's a huge difference between professional obligations and what people actually do. Doesn't change the position with regards to what they should have done under regulations. That is why there are negligence cases and professional bodies.
    Debt free 2016
  • Guest101
    Guest101 Posts: 15,764 Forumite
    BeingMe wrote: »
    Buckslady, genuinely I did not question her advice. She was the professional so I believed her that the cohabitation period meant nothing. Thank you for your well wishes.

    Guest, I do have rights bestowed upon my by acts of parliament relating to marriage - and you have consumer rights, and common law rights and all sorts of other things to. However you do not own that property. and the legal position that gives you. Property purchased during a marriage (cohabitation counting as marriage in my situation) - far more complicated than that. is property of the marriage and there are laws that deal with this including the unnamed spouses right to occupy the property as well as other things - you are no longer married. Those rights do not exist anymore. Deal with it. and if your solicitors are saying they do, they really are idiots. .


    At present all you have is a possible interest in the property (as well as other financial things) - that's it.


    If you turned up at the property and tried to get in, he could call the police and have you removed and / or you would be arrested. That's where your rights are at present.


    Any solicitors who tell you otherwise are either idiots, or you aren't giving them full details.
  • BeingMe
    BeingMe Posts: 158 Forumite
    Ninth Anniversary 100 Posts Name Dropper Combo Breaker
    Yes, exactly - at present. That wasn't the case when I was still living there but due to the negligent advice I was given, I gave up some of those rights. But I did have them when the property was sold to us.

    Deal with it? I am instructing a solicitor to do just that.

    What's the matter anyway? You post as if you'd like it to be the case that me and my children be left destitute. Your lack of empathy is very telling.
    Debt free 2016
  • So there were years of joblessness, careers being given up, child tax credit debt arrears, both the original poster and their ex-husband had massive debts and yet there was a 5 bed house with £160k of equity in it after all of this?
  • BeingMe
    BeingMe Posts: 158 Forumite
    Ninth Anniversary 100 Posts Name Dropper Combo Breaker
    A bit of an exaggeration Ronaldo, I was illustrating how I had contributed to the marriage. Tax credits overpayment was their fault and is being paid back. Not sure what your point is?
    Debt free 2016
  • missbiggles1
    missbiggles1 Posts: 17,481 Forumite
    10,000 Posts Combo Breaker
    BeingMe wrote: »
    Yes, we have two children. Sorry, should have mentioned. No consent orders pursued, nothing except the divorce - decree nisi then absolute.

    Apologies if posters think I am hiding anything. It's not intentional and that conversation 100% happened with the first solicitor. She told me to go to the CMS for maintenance for the DC, said I wouldn't be entitled to any spousal support, so she was aware of the DC. I told her everything from the start of our relationship to the conversation I'd had with the ow.

    What happened to the third child?

    https://forums.moneysavingexpert.com/discussion/comment/64305468#Comment_64305468
  • BeingMe
    BeingMe Posts: 158 Forumite
    Ninth Anniversary 100 Posts Name Dropper Combo Breaker
    I've also dealt with my debts. Very close to being debt free actually (need to update signature). Not sure about XH as he was financially incompetent, and financially abusive - hence my debt.
    Debt free 2016
  • Guest101
    Guest101 Posts: 15,764 Forumite
    BeingMe wrote: »
    Yes, exactly - at present. That wasn't the case when I was still living there but due to the negligent advice I was given, I gave up some of those rights. But I did have them when the property was sold to us. - Sold to your husband. Having rights to a property is not the same as having ownership.

    Deal with it? I am instructing a solicitor to do just that. - Oh good.

    What's the matter anyway? You post as if you'd like it to be the case that me and my children be left destitute. Your lack of empathy is very telling.


    Not at all. I hope that there is a fair judgment.


    I think you struggle to listen(or read) what's being said, as you appear to be very headstrong.
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