Force of sale

MaggieD

I have asked friends and family - the solicitor I saw was recommended, so that didn't work out!

Malthusian

MaggieD wrote: »

How will I know, without spending another £100 - that another soliditor won't be equally as unhelpful?!

You should be able to get an initial chat for free and that will give you an idea of how keen they are to be in your corner. Keeping a client waiting for half an hour and not making any effort to convince you they're going to fight your case is unacceptable. (If they can't be bothered to persuade you to give them your business, how are they going to persuade a judge?) Tell your friend that their recommendation was a dud - companies go downhill, and your friend will want to know that they shouldn't recommend them again.

Jamiehelsinki wrote:

As others have said he's probably owed something from the house but I would be making a counter claim for missed child support and mortgage contributions from him.

I don't know why people keep talking about asking for mortgage contributions. If he paid backdated mortgage contributions he would acquire equity in the house, and would get it back when it was sold. If the OP does want to pursue the "law of equity" argument from "The Law Forum" it would destroy argument b), and arguments c) and d) already sound a bit far-fetched if he sees the children twice-weekly.

FBaby

Without knowing when the original mortgage was taken out (before or during the marriage), who paid it until 2001, what was the equity then, and what it is now, it is hard to advise.

anna_1977

did you chase him for maintenance via the CSA (as it was at the time). If you didn't I'm not sure a court would validate a claim now due to the age of the kids.

Definitely seek more legal advise, was the mortgage in both your names still?

MaggieD

I did contact the CSA when we separated but he managed to avoid them. They have closed the case now.
We weren't married. Mortgage is jointly owned
Mortgage was taken out in 1996 and he regularly missed payments. Purchased for £75000. In 2001 it would have been valued £120,000. Today it's around £340000
The barrister on the law forum has said I could represent myself. That sounds scary! Especially if my ex's solicitor is good

chesky

Try your local CAB to see if they have a tame family solicitor who will give you free advice.

anna_1977

I don't think I'd want to represent myself on something like this either, really get some more legal advice from a local solicitor.
Good luck and let us know how you get on

lika_86

I mentioned this on page 1, but Jones v Kernott sounds like it's your friend here (I tried to find a user friendly summary and unfortunately Wikipedia was the best I got) https://en.wikipedia.org/wiki/Jones_v_Kernott




Get a good solicitor, there is a lot at stake here financially, do not attempt to represent yourself, especially not if your ex is lawyered up, even though the courts have to be more patient with litigants in person this is too big for someone with no legal training.

MaggieD

I had read about the Jones vs Kernott case and I mentioned it to the solicitor when I saw her. She basically brushed it off and said it wasn't related to my case, which I felt it was - almost identically!
This is why I don't know how to get a 'good' solicitor without spending £100 each time wading through the rubbish ones!

pinkshoes

MaggieD wrote: »

I did contact the CSA when we separated but he managed to avoid them. They have closed the case now.
We weren't married. Mortgage is jointly owned
Mortgage was taken out in 1996 and he regularly missed payments. Purchased for £75000. In 2001 it would have been valued £120,000. Today it's around £340000
The barrister on the law forum has said I could represent myself. That sounds scary! Especially if my ex's solicitor is good

So realistically he perhaps has a claim of £22,500 less half any costs of what a sale would be.

Could you raise this money?

If you can, then offer him this, stating this is full and final settlement, and should he wish to take it to court for a higher amount, you will be seeking all child maintenance payments and mortgage payments since 2001.

Hopefully he will see sense...