Negligent legal advice cost me my home in divorce

BeingMe

People on this thread are still plucking information out of the air and twisting what I've said.

FBaby, you just proved you are confused: when there are children, previous cohabitation ALWAYS counts. I didn't know that before obviously but it is the information that changes everything.

I am not naive, I know that a legal battle could potentially cost a lot. There is a large amount of equity in the property. At least £160k at present. Then there is his pension and other commercial property which is very valuable although I won't be seeking a share of these other assets. He also had some savings left over from a large inheritance although these could be spent. He inherited before I met him then twice during our relationship, this is the reason for the large assets although the house has so much equity in part because it was sold at an undervalue.

I have been advised that I could try to claim 50% of the equity but I think I will be aiming for £30k which would be a reasonable deposit for a home for me and my children. I don't think that's unreasonable or unrealistic.

I have spoken all along about chance and possibilities, I know nothing is guaranteed. However, my chances and likely entitlement all hinged on whether the marriage was considered short or long. The negligent advice put me at short marriage with no entitlement. The truth and the law says that it was a long marriage completely changing my likely entitlement.

BeingMe

I am upset at the assertion that I am doing this out of revenge. I am terrified of doing this as my XH will be apoplectic when he finds out and attitudes like that just reinforce this idea that I'm not entitled and somehow going after what isn't mine. However, this would have been the course of action I'd taken if I'd known about my rights when I left. Just because there has been a delay doesn't change that. I've suffered and struggled hugely and unnecessarily since I left. I just want what is fair and right and I resent being made to feel like I'm grasping in seeking this. I contributed hugely to the marriage, I worked too but mainly I looked after the children and the home which enabled him to work and earn what he does whilst also having a family. Why should the representation of my contribution equal 0 while his counts for 100%?

BeingMe

To answer another question, no, a solicitor shouldn't advise I left if there was immediate danger due to DV. Because I had the children, an emergency order would be sought to remove the violent husband. As it was, I wasn't in immediate danger but the solicitor could have done this. What she actually did was tell me to move out into rental (she even said rental). She was kind of aware about some of the DV because we discussed it for the purposes of legal aid entitlement.

burnoutbabe

is he paying maintenance?

BeingMe

Yes, he historically has paid cms minimum maintenance but more recently has missed and not paid anything.

Pollycat

BeingMe wrote: »

People on this thread are still plucking information out of the air and twisting what I've said.

FBaby, you just proved you are confused: when there are children, previous cohabitation ALWAYS counts. I didn't know that before obviously but it is the information that changes everything.

I am not naive, I know that a legal battle could potentially cost a lot. There is a large amount of equity in the property. At least £160k at present. Then there is his pension and other commercial property which is very valuable although I won't be seeking a share of these other assets. He also had some savings left over from a large inheritance although these could be spent. He inherited before I met him then twice during our relationship, this is the reason for the large assets although the house has so much equity in part because it was sold at an undervalue.

I have been advised that I could try to claim 50% of the equity but I think I will be aiming for £30k which would be a reasonable deposit for a home for me and my children. I don't think that's unreasonable or unrealistic.

I have spoken all along about chance and possibilities, I know nothing is guaranteed. However, my chances and likely entitlement all hinged on whether the marriage was considered short or long. The negligent advice put me at short marriage with no entitlement. The truth and the law says that it was a long marriage completely changing my likely entitlement.

I've posted this (sort of) before - I think you're short-changing yourself and your children.

I'm not sure if I'm right on this (I'm sure someone will correct me if my thinking is wrong) but if you aim high, you can always settle for less during negotiations and might even end up with more than you actually want.

BeingMe

That's what my thinking is Pollycat. Obviously the first thing will be to go to mediation where we negotiate between us. My XH is a difficult person and will no doubt want to fight but I don't think he can afford to lose money through solicitors and court so he would be wise to settle. Already I know there will likely be less in the pot because I'm guessing he's now spent his inheritance and there was at least £20k when we split. If it does go to court I will be asking for more to cover the fees.

Ziggazee

BeingMe wrote: »

Ziggazee, I will refer you to my answer above regarding the advice. And not just my solicitor, several solicitors most of whom have no financial benefit in advising me (from charitable associations) are telling me I have a case. This would absolutely have been the action I would have taken at the time if I'd been advised correctly. I wonder if you advise all people leaving an abusive marriage with children that they shouldn't pursue their spouses for a fair proportion of the marital assets? I've only just been made aware of the correct situation. Why shouldn't I fight for my children's future?

If you feel so strongly about it then stop posting on a forum and get out of there and fight. All this bickering on a public forum is achieving nothing, and whining about the cost of a solicitor isn't going to help either. Get proper legal advice and pursue your claim.

Pollycat

Ziggazee wrote: »

If you feel so strongly about it then stop posting on a forum and get out of there and fight. All this bickering on a public forum is achieving nothing, and whining about the cost of a solicitor isn't going to help either. Get proper legal advice and pursue your claim.

A tad ironic seeing as how the OP hasn't posted on the thread for a month.

iammumtoone

burnoutbabe wrote: »

is he paying maintenance?

^^this

I understand you want to fight for backdated payments, which is fine.

But i think you should also consider concentrating on what you are entitled to now fight for the correct amount of CSA, maybe post on that board and people will help you with what your entitlement is. I don't think the value of the house will count as he lives in it but I am sure if he has savings over x amount of other assets these should be taken into account when working out how much CSA he has to pay, and fight to make sure he keeps paying it. You are putting alot of effect onto what has past but don't seem to be thinking about what you are entitled to in the present.