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My 2 year battle to try to keep our home

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  • Honeysucklelou2
    Honeysucklelou2 Posts: 4,804 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    edited 26 December 2021 at 12:57PM
    Does your legal practice sign up to something like Resolution? When I was looking around for a family law solicitor, I looked for practices who could show some sort of specialism on their advertising.

    I agree with Suffolk lass on not cushioning the children too much. Looking back, I feel that I did do that with my children...I tried to be so careful in protecting them from the ugliness of the reasons for separation and the ensuing legal process but all that happened was he showed all his legal correspondence to our older children and they didn’t have the legal expertise or knowledge to understand how the process works. For all my protective stance, his actions did the opposite. I guess what I’m trying to say is that explaining the process in a basic and factual way would have helped my children and protected them from misinformation elsewhere - hindsight is a wonderful thing.


    paydbx2025 #26 £890/£5000 . Mortgage start £148k June 23 - now £138k.
    2025 savings challenge £0/£2000
    EF £140. Savings 2 £30.00. 17
  • I don't know anything about divorce or children etc but I do know about renting, your solicitor is an idiot if she thinks renting is just the same as a mortgage and that you can easily slip in to a rental, it is rubbish trying to find somewhere decent to live that isn't a rip off and the owner won't suddenly decide to sell up from under you. Plus once you are on the renting path owning a house is tricky as  it all so expensive! Sorry I am sure you realise this - hence fighting for your house but if she doesn't then what hope is there?? You do have a right since you are paying fees to ask for what you want. She is supposed to work to get it, not have you end up in a !!!!!! situation. 

    I honestly think you need a new solicitor. I would either ask friends? or more controversially ask on local group on FB? they are a mine of information, you might be able to post anonymously and people will recommend someone.   I wonder if there is anything from the Citizens Advice bureau, like a list of recommendations? for people near you? 
    I am starting to feel much the same but have over a thousand pounds still to pay to the current solicitors on top of the thousands I have already paid. I think I need to go with a strongly worded email stating what I want and need. If she can’t support that then I need a new solicitor. I guess I am very alone in my situation so I think I have taken her suggestions to be reasoned and fair, which I truly don’t think they are.

    I don’t know if I am confusing the situation by desperately wanting the mortgage in my own name too but I know I am not currently an attractive prospect to mortgage providers but in time I will be. I just don’t feel the 2 year time scale will be manageable but 3 years could be and 4 years certainly would be.

    Total Debt May 21 £20,490.44  DEBT FREE DATE 29/7/22 

    Mortgage balance May 21 £177,096.19. Now £143,588.36
    Mortgage free date. At start of sole mortgage = July 2042

    2024 SAVINGS FOCUS - get rid of the car finance. £12,706.25  PAID OFF 
    2025 Savings Focus - 33.3/33.3/33.3 split; savings for house renovations (bathrooms/garden/kitchen; whichever collapses first), save for a family holiday (probably our last one!) and paydown/offset the mortgage. Total pot = £3275.88
  • I don't know anything about divorce or children etc but I do know about renting, your solicitor is an idiot if she thinks renting is just the same as a mortgage and that you can easily slip in to a rental, it is rubbish trying to find somewhere decent to live that isn't a rip off and the owner won't suddenly decide to sell up from under you. Plus once you are on the renting path owning a house is tricky as  it all so expensive! Sorry I am sure you realise this - hence fighting for your house but if she doesn't then what hope is there?? You do have a right since you are paying fees to ask for what you want. She is supposed to work to get it, not have you end up in a !!!!!! situation. 

    I honestly think you need a new solicitor. I would either ask friends? or more controversially ask on local group on FB? they are a mine of information, you might be able to post anonymously and people will recommend someone.   I wonder if there is anything from the Citizens Advice bureau, like a list of recommendations? for people near you? 
    I am starting to feel much the same but have over a thousand pounds still to pay to the current solicitors on top of the thousands I have already paid. I think I need to go with a strongly worded email stating what I want and need. If she can’t support that then I need a new solicitor. I guess I am very alone in my situation so I think I have taken her suggestions to be reasoned and fair, which I truly don’t think they are.

    I don’t know if I am confusing the situation by desperately wanting the mortgage in my own name too but I know I am not currently an attractive prospect to mortgage providers but in time I will be. I just don’t feel the 2 year time scale will be manageable but 3 years could be and 4 years certainly would be.
    The thing is we all do that - they are meant to be experts, we aren't. And no one goes into a marriage thinking well...when I get my divorce........Oh and now you are here you aren't alone XX 
    Nevertheless she persisted.
  • Suffolk_lass
    Suffolk_lass Posts: 10,283 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If you know some divorced friends they are a good place to start in respect of a decent divorce solicitor.

    And please don't say that you don't care about his pension. Use it to trade off against equity in the house
    Save £12k in 2025 #2 I am at £4863.32 out of £6000 after May (81.05%)
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    I also Reverse Meal Plan on that thread and grow much of our own premium price fruit and veg, joining in on the Grow your own thread
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  • fatbelly
    fatbelly Posts: 22,979 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier


    I don’t know if I am confusing the situation by desperately wanting the mortgage in my own name too but I know I am not currently an attractive prospect to mortgage providers but in time I will be. I just don’t feel the 2 year time scale will be manageable but 3 years could be and 4 years certainly would be.
    Yes I think you are. Put it on the back burner for now.
  • fatbelly
    fatbelly Posts: 22,979 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier

    And please don't say that you don't care about his pension. Use it to trade off against equity in the house
    I'm a debt specialist, not an expert in this kind of law. Burt that sounds like good advice to me
  • Thanks.
    There is no equity in the house to use the pension to play off. My ex is in debt too so a small lump sum that I could use to pay debt/deposit for a new mortgage isn’t an option either :(
    I don’t care about having a slice of his pension but I know I can use it as a bargaining chip on the things that will make a difference to me/the kids. 



    Total Debt May 21 £20,490.44  DEBT FREE DATE 29/7/22 

    Mortgage balance May 21 £177,096.19. Now £143,588.36
    Mortgage free date. At start of sole mortgage = July 2042

    2024 SAVINGS FOCUS - get rid of the car finance. £12,706.25  PAID OFF 
    2025 Savings Focus - 33.3/33.3/33.3 split; savings for house renovations (bathrooms/garden/kitchen; whichever collapses first), save for a family holiday (probably our last one!) and paydown/offset the mortgage. Total pot = £3275.88
  • RosaBernicia
    RosaBernicia Posts: 4,909 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 26 December 2021 at 3:24PM
    I'm glad to see some more knowledgeable people have commented as I thought from other threads on here that you have a right to stay in the house until the kids are older.  And having not been a homeowner all that long, I second Buffy re. renting. 
    But mostly I just wanted to cheer you on and thank you for adding fudgestick to my vocabulary :D
    Debt free May 2016... DFW#2 in progress
    Campervan paid off summer '21... MFW progress tbc
  • Don’t be scared to check your solicitor fees.  I used to ask for a billing break down to ensure I was getting value for money.  I wouldn’t ‘meet with the regularly’ for the sake of it only if there was correspondence.  Just to give you an idea I divorced 8 years ago and spent about £4,000 on a very nasty divorce.  He spend about £12,000 from what I understand by sending constant letters.  But they work for you and you give the instructions.

    one of my letters just said.  My client declines your offer….nothing else as I was paying for them to repeat things.  To be fair the first solicitor who worked on my case was amazing!

    you are doing all the right things keep going you got this!! 

    I will be following and Cheering you on as I go! 


  • CRANKY40
    CRANKY40 Posts: 5,911 Forumite
    Part of the Furniture 1,000 Posts Debt-free and Proud! Name Dropper
    The only thing I can see in favour of selling more quickly is that as others have said the longer you hold onto the property the more danger there is of building equity. Would there be any point having the house valued now and a mortgage statement printed at the same time to emphasise the lack of equity at the point that your ex left? I'm not sure....maybe someone else here would know. 
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