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Very complicated and need help/advise



  • Voyager2002Voyager2002 Forumite
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    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    First things first: have you seen the will? If not, the simplest would be to ask the lady solicitor to send you a copy. There should also be a list of assets attached to it.

    Armed with these documents, go and see a solicitor for an initial (free) discussion. Almost certainly the estate will include sufficient funds to pay your legal fees, and its terms will allow you to use it to pay necessary legal costs: obviously any solicitor you see will be able to advise on this.

    Be aware that this lady solicitor will charge for any work she undertakes, and the fees for selling a property and taking care of the proceeds before handing the money over to your children are likely to be several tens of thousands of pounds. Consider carefully whether you want to go down this route.

    And the obvious suggestion: perhaps the bereaved ex-partner might be able and willing to rent her former home (your house?) for the time being. That might be a better solution than an immediate sale.
  • Reed_RichardsReed_Richards Forumite
    2.7K Posts
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Loulou1811 wrote: »
    Not seen any paperwork or will, she wants me to go to the office next week.
    Somehow you need to find out what this solicitor wants to tell you because you need to know what is going on. So either you meet her as requested or you ask her to put it in a letter. If you meet in person, tell her you will not sign anything until you have consulted your own solicitor, even though this is a bluff and you don't have (or yet have) a solicitor. Just stall so you don't get rushed into anything without having the time to think about it or fully appreciate what is being asked of you.

    Try to find out about that trust for your children, what it says and who the trustees are.
  • eskbankereskbanker Forumite
    23.8K Posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Loulou1811 wrote: »
    I do not own the other house I only found out about that house with the solicitor. I came to own the house in own marriage because he used to bid things from the tax man, he had a couple of business that he didn’t declare so it was common in our marriage for things to go through my bank account or purchases in my name, so yes technically it was paid for with his money but on paperwork it’s mine.
    I'm afraid this all just raises so many more red flags - your ex was obviously, let's say, creative when it came to finances and frankly able to run rings round you.

    This strengthens my suspicion that what has been put in place in the divorce proceedings is massively unlikely to be to your advantage (you should essentially have been entitled to half of everything: properties, cars, caravans, businesses, cash, etc, unless these were accumulated prior to marriage), especially if he was legally represented and you weren't, so I'd echo the above advice to get hold of as much paperwork as you can and get it reviewed by a professional.

    If you represented yourself and were a party to a declaration of trust then surely you must have a copy of that? What about the other documentation associated with the financial separation? Was everything fully and properly declared at the time, including all of his dubiously-hidden businesses, etc?
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