Hi, a few years ago as a result of the break-up of a relationship I lost my home to my ex-partner but a charge was put on the property meaning that they had to pay me my share once certain conditions or "trigger points" were met. One of these trigger points was that they may not co-habit at the property for a period of more than six months but they have had a live in partner for over a year now so it is well overdue. I have tried on several occasions to ask my ex-partner when they plan to resolve the issue as they can easily afford to pay this debt but so far they refuse to answer my correspondence. The whole affair left me completely broke, I did not receive a penny back from the house I spent 15 years paying for, so I can't afford to employ a solicitor to help me resolve this issue and as I understand it if I get legal aid and receive any monies as a result of a funded case I will then have to repay any fees and may end up even worse off. Does anybody know if there is a "D.I.Y." way of me obtaining this money as I am facing losing my rented accommodation and may well end up homeless. I really need what I am owed to re-start my life. Thanks in advance for any advice anyone may have.

What kind of charge?

What is salient is what is needed to enforce the charge.

and how much are you expecting?

no advice to give , but very interested to see what other people say

I'm investigating getting a similar charge on my house (with similar conditions as yours) so I can get my divorce / separation moving. The house isn't selling and my wife can't borrow enough to buy me out to the full value of what I want (which of course is a relatively small share of the overall value of the house, seems I've just got to suck that one up). Seems like my only option at the moment

Thanks for your reply

What kind of charge?

50% of the net equity after the outstanding mortgage when it was agreed has been taken off the total value of the property. The charge is registered on the deeds of the house.

What is salient is what is needed to enforce the charge.

I'm sorry I don't understand this. (Legal stuff is not my forte that's why I'm asking for advice)

Try this helpful forum, plenty of flks with the legal know how for various stuff on there…….

http://www.consumeractiongroup.co.uk/forum/

one suggestion

Can you not engage a (reasonably priced) solicitor to at least send a letter to your partner on your behalf – laying out all the legal things you are going to do to collect the money? Might not cost as much as you think – could get things moving, and she won't know its an empty threat

Presumably the charge was put on by the county court. (if not it's not worth anything). Then go to the court with your evidence and the judge will make another ruling. That way you will get your money (he might give her 28 days etc to pay) or else she will be in big do-do

C

a (reasonably priced) solicitor

– Is there such a thing? 😉

I really am flat broke and will struggle to pay my rent this month so your suggestion is a good one but beyond my means I'm afraid.

I'm really grateful for all your help, I have to go out for a bit but will check back later.
Thanks again and good luck to those who have replied because they are/may be in a similar situation.

I understand it if I get legal aid and receive any monies as a result of a funded case I will then have to repay any fees and may end up even worse off.

You do need to repay legal aid fees, but only up to a maximum of the amount you recover. Also any contributions you make to your legal aid fees are offset against the repayment. In the worst case scenario, you'll end up with a large reduction to your payout, but seeing how you've already worked out the nuts and bolts of your agreement, it's unlikely to be really costly, and you certainly won't be out of pocket. Legal aid rates are also far lower than usual solicitors' charges. I'd go and talk to a legal aid solicitor about your situation, they may be able to help you. If you're getting income based JSA you should qualify.

is there still a right to a free 30 minutes of legal advice? it used to be the case

Some solicitors do free clinics where they will give advice – I went to one once when I was in dispute with a landlord.

There has never been any right to 30m of free advice.

OP I'm sorry but I'm Scots qualified and don't know anything about the charge you're talking about.

I'd have thought most legal aid soloicitors will have an introductory chat FOC and that's where I would go – if you are genuinely on the brink of homelessness I'd have thought you have a good chance of qualifying for LA.

Move back in.

Qualifying for legal aid is not a problem. I had legal aid when the agreement was worked out. However the solicitor involved then told me that as I now had an asset (my share of my own house!) I would have to pay after all and billed me for over £3000, partly why I am in the financial state I'm in now.

I will try and get to see a solicitor but I must admit I am seriously worried about getting fleeced again.

You should be able to find a solicitor thru a law centre or CAB who will give you basic advice for free

I am by no means an expert in this area of law but a couple of questions…

Is the 'charge' an agreement between the two parties (you & your ex) or is it a court order?

If the conditions are stipulated by a court order simply go back to the court and tell them that the conditions are not being adhered to. If the conditions are an agreement then I would have thought there would be a caveat in there to say if the conditions are not met then the matter will be referred to the court.

You can do some of the ground work without the aid of a solicitor. And as mentioned CAB will give you some basic advice.

Best of luck with it, hope you get the outcome you need.

billyboulders – Member

Qualifying for legal aid is not a problem. I had legal aid when the agreement was worked out. However the solicitor involved then told me that as I now had an asset (my share of my own house!) I would have to pay after all and billed me for over £3000, partly why I am in the financial state I'm in now.

I will try and get to see a solicitor but I must admit I am seriously worried about getting fleeced again.

If by billing you for £3,000, you mean s/he asked you to pay off your legal costs upfront, provided you were given a choice then that could have actually been the right thing to do at the time.

The alternative is to let the LSC take a secondary charge over your share of the property, which means it racks up interest, and you would still have to pay them off after you receive your share.

It sounds like the £3k bill for sorting things out in the first place was a bit of a bombshell. It shouldn't have been, as solicitors are supposed to give their clients regular updates on costs and estimates of any future bills too.

I would go and see a solicitor, but make it clear that you only want to take the necessary action to get the order or agreement enforced, and that you want to be kept informed of your costs every step of the way.

Alternatively, JacksonPollock speaks sense, but if she's not answering correspondence and you need to make an application to a court I'd get a solicitor involved, as that's where it all starts to get serious.