Very complicated and need help/advise

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  • Reed_Richards
    Reed_Richards Posts: 4,166 Forumite
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    eskbanker wrote: »
    I don't see how you can avoid informed legal advice to be honest, rather than the well-meaning comments of random strangers on the internet - perhaps it's worth discussing with Citizens Advice?

    I wholeheartedly endorse this comment.
    Reed
  • Loulou1811
    Loulou1811 Posts: 9 Forumite
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    It is fully and legally owned by me, also stated on land registry. there was a declaration of trust signed in the divorce stating that he could continue living there as long as he kept up mortgage repayments (mortgage still in my name) it was also stated in our divorce that the house was to go to the children, now that he has passed his solicitor is offering to act on my behalf to sell it pay the mortgage off and split proceedings between the two kids, he did not remarry. The solicitor is already making moves on the house with my late ex husbands current partner by asking her to hand over keys or she will change locks, I have NOT gave her permission to do anything as of yet as this is all to complicated for me to understand and I can’t afford a solicitor of my own, but his solicitor has offered to do everything for me without mention of a fee. I just don’t know what the right thing to do is! She wants me to go to her office to sign over permission and “discuss other matters “
  • Loulou1811
    Loulou1811 Posts: 9 Forumite
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    Would a solicitor help me with offer of payment when all this is said and done?
  • eskbanker
    eskbanker Posts: 31,034 Forumite
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    Loulou1811 wrote: »
    it was also stated in our divorce that the house was to go to the children
    Exactly how, where and under what circumstances was this stated/proposed to happen?

    Surely not on your ex's death if the property is still yours and you're obviously still alive? Your agreement for him to occupy your house (effectively as a tenant) presumably expires on his death and therefore it's now entirely up to you what to do next unless there's something else that dictates that?
    Loulou1811 wrote: »
    The solicitor is already making moves on the house with my late ex husbands current partner by asking her to hand over keys or she will change locks
    On what basis is your ex-husband's partner still occupying the property, did the declaration of trust cater for such events?

    Divorce proceedings are normally all about dividing up marital assets between the two parties rather than being used as a mechanism for specifying actions to take place significantly later, but your comment that "this is all to complicated for me to understand" rings major alarm bells if you didn't really follow what was going on at the time of the divorce and tried to represent yourself without professional guidance.
    Loulou1811 wrote: »
    I can’t afford a solicitor of my own, but his solicitor has offered to do everything for me without mention of a fee. I just don’t know what the right thing to do is! She wants me to go to her office to sign over permission and “discuss other matters “
    There shouldn't be any harm in having a no-obligations (and free) conversation with her but I'd be extremely wary about signing or committing to anything unless or until you know exactly what you're doing. I'd strongly recommend that you contact Citizens Advice and/or find some way of getting a solicitor to review the declaration of trust and any other pertinent documentation....

    In terms of funding, you mention two houses that'll ultimately go to your children, so presumably you currently own both? There must be a way of funding some legal assistance even if you have the vast majority of your wealth tied up in two properties?
  • Sea_Shell
    Sea_Shell Posts: 9,376 Forumite
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    How did you come to own this house 100% in the first place?

    Were the children living with him and his new partner? Where are they all living now, still in the house?

    Could her solicitor be angling after him having gained a beneficial interest, having been paying the mortgage?

    Did he leave a will? If intestate, the kids could have inherited any beneficial interest.
    How's it going, AKA, Nutwatch? - 12 month spends to date = 2.31% of current retirement "pot" (as at end March 2024)
  • Sea_Shell
    Sea_Shell Posts: 9,376 Forumite
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    Who appointed this current solicitor?

    Was she (or her firm) named as his Executors?
    How's it going, AKA, Nutwatch? - 12 month spends to date = 2.31% of current retirement "pot" (as at end March 2024)
  • Reed_Richards
    Reed_Richards Posts: 4,166 Forumite
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    Loulou1811 wrote: »
    there was a declaration of trust signed in the divorce stating that he could continue living there as long as he kept up mortgage repayments (mortgage still in my name) it was also stated in our divorce that the house was to go to the children

    So perhaps although the deeds are in your name, you actually hold the house in trust for your children. Since you say you cannot afford a solicitor, I presume you also cannot afford to keep up the mortgage repayments. If so you have no option but to sell the house. It will then be your responsibility, along with any other trustees there might be, to invest the money from the house sale sensibly until your children are old enough to inherit.

    But this is pure guesswork, see a solicitor.
    Reed
  • Loulou1811
    Loulou1811 Posts: 9 Forumite
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    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. His solicitor is the lady who did his will she specialises in wills and estates according to the website.The children have always lived with me but always had regular contact with dad up until Christmas which is a completely different story.
  • Reed_Richards
    Reed_Richards Posts: 4,166 Forumite
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    I presume the lady solicitor is in the process of administering the estate of your late ex-husband; estate administration being one of her specialities. Have you seen a copy of his will? Have you seen a copy of the Deed of Trust that was (or may have been) set up for your children at the time of your divorce? Maybe she can provide you with copies so you have a better idea of what is going on.

    I still think that you are out of your depth and need to see a solicitor.
    Reed
  • Loulou1811
    Loulou1811 Posts: 9 Forumite
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    I definitely know I’m out of my depth ! Not seen any paperwork or will, she wants me to go to the office next week.
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