legal rights

[lancstar]

can anyone recommend a good site for legal matters

 

my son and his partner have been separated for 9 months she walked out saying I've had enough

 

he has been struggling to pay the joint mortgage on the house on his own and

 

at the start of the split she agreed to him paying the mortgage and not any child support

he could not afford both

 

it's now got bitter and shes stopped him seeing his daughter which is ripping him apart

 

shes allso contacted the CSA for money and now hes left in the dilemma that he can only pay the child support and not the mortgage

 

over the past 9 months she's not payed 1p towards the mortgage or any bills and refuses to let my son sell it to clear the dept

 

is there not a rule that allows my son to sell it after so long

 

sorry for going on abit

any info would be appreciated

[citizenB]

Unfortunately we do not recommend professional services.

 

We are a self help site which relies on the experiences of others in similar situations. Although there are professional people amongst the caggers, they do not self promote - just offer advice where they can.

 

I can move your thread to the legal issues forums in order to see if we can attract some more attention to your situation.

 

Who is living in the joint property ?

 

This is indeed a tragic situation and sadly when relationships end with such bitterness, nobody benefits

[bohomiz]

Hello

 

I'm sorry to have read about the situation regarding your son. Sad when a relationship breaks down.

 

I'm not legal minded to help - sorry, so am just asking a question.

 

You said his partner walked out, so I'm assuming they are not married. Is it a joint mortgage? If not, whose name is it in?

 

I'm certain and sure that there will be someone on this site who will be able to help you in regards to this, but has your son thought about going to Citizens Advice Bureau as they may - should - be able to help him with this in regards to advice.

 

You're probably cursing me right now for replying and seeing me as a time waster. For that I sincerely apologise. I'm just replying as I saw fit.

 

There is help out there in regards to this situation so don't panic.

 

Wishing you both lots of luck.

 

bohomiz

[citizenB]

I am sure no one would think that, bohomiz It is always good to know there is someone who, whether they can advise or not, is able to offer a word of support

[Desperate Daniella]

I am sure no one would think that, bohomiz It is always good to know there is someone who, whether they can advise or not, is able to offer a word of support

 

Absolutely right. Many people come here when they are at the end of their tether and absolutely desperate. The person who can help with advice may not be online at the time and just the fact that someone has cared enough to answer their post can be a great help in itself. It also bumps up the post again.

[lancstar]

this site never fails allways helps me to get started no matter what

 

i'll start by saying to bohomiz your advice is appreciated no matter what it is even just the acknowledgement that it's not a good situation my son is in

 

i allso recommended CAB and when he went found them snowed under and after queuing for over 3 hours did not get much info apart from prices on court cost

and mediation and so on which to be honest did not help much

 

i decided consumeractingroup was best place to start and by the look of it i was right

 

yes it's a joint mortgage that's the only way they could afford it two two incomes not married 1 child

 

my son is living in the property shes renting a friends house

 

could admin please move this to the right thread

 

thanks all and future helpers

[Desperate Daniella]

Hi lancstar,

 

I'm sorry your son is going through such a rough time and it must be so hard on him not to see his daughter. And you too, if his partner won't let you see your grandchild. It is really so unkind to use a child as a pawn.

 

He really needs to get good legal advice and I know it is difficult to choose a solicitor. I would suggest he starts by talking to a largish general practice in the nearest big town. Good solicitors should offer half an hour for free to see if they can help, and to allow him to see if he is happy with them. He, and you, should also ask around all your friends, and ask them to ask their friends, about good and bad experiences they have had. Some solicitors in an area can be quite friendly with each other - they meet at the golf club! - and they just nod things through rather than fighting for their client, so if he is in a small town I'd suggest he looks in a larger one.

 

Some people can handle a separation amicably, but from what you have said it doesn't sound too likely in this situation so he needs someone tough on his side.

 

Your son cannot sell the house if it is in joint names unless this is agreed with his partner because she would have to sign the papers. If he doesn't pay the mortgage the house could be repossessed. Depending on the equity in the house, if there is not enough to pay off the mortgage your son (and his partner) could still owe the bank/building society more money. Properties are often sold very cheaply after a repossession as the lender is only really interested in recovering their own money, not in getting the best price.

 

Most importantly he needs to get a solicitor to represent him in court with regard to access to his daughter.

 

As he has the CSA on his back he needs to get legal advice as soon as possible, but he should concentrate on the mortgage for now.

 

I assume his partner hasn't yet got a solicitor, so your son needs to find the best one he can. He may be able to get legal aid, depending on his circumstances. He can fill in a questionnaire online which might help him to see if he can qualify.

 

I hope that helps a little. Please fire back any questions and we'll try and help where we can.

 

DD

[slick132]

Moving to Legal Issues

 

[steampowered]

Sorry to hear about that.

 

Was your son married? If so this will have important implications, and a sale of the house should be agreed (or ordered by the court) as part of the divorce settlement.

 

If he wasn't married, then perhaps necessary to apply to court for an order that the house may be sold ... and hopefully ex will agree to this before reaching court as otherwise she risks being ordered to pay the legal costs.

[ericsbrother]

has child support been ordered by the CSA/court? if not, stop paying it and seek the advice of a family matters solicitor straight away and offer mediation via solicitor/family court. Be seen to being co-operative, he will have to show I/E and so will she along with assets etc.

[citizenB]

This thread is now in "General Legal Issues"

 

It is purely an administrative move.