Don’t know where to turn….

[Anderson]

Hi

I’ve had to leave my home due to domestic violence. I’m married but I bought the house after leaving my husband. I took him back he lived there but contributed next to nothing.
he is refusing to leave, I can’t stand it any longer, I had to move out but I’m still paying all of the bills. So can’t afford anywhere to live. I’m with my mum.

He had the means to take legal advice and says he is entitled to half of the house and doesn’t have to leave.  I can’t afford a solicitor can anyone offer any advice ?
I did have appointments with my local DV solicitor but the appointment keeps getting cancelled.

i was quoted £1600 to speak to a solicitor, i do not have the means.

any advice would be greatly appreciated

[minimeerkat]

like you & probably many others we can initially find ourselves in a situation we feel theres absolutely no way of solving or sorting out.  which can then be almost too much to even think about after what weve actually been through already.  but dont lose hope.  have you any idea if you are entitled to legal aid yourself or is this what you are waiting to find out if & when you are able to get this appointment with your solicitor.  i know i only just missed out on being eligible myself but can tell you that they do ignore a big chunk of the value of the property which helps so then its only whatever income you have then thats also taken into account.  so try not to worry too much at the moment because you may find out this is still possibility for you

if you find you are still waiting for contact from your solicitor somewhere else to try is therightsofwomen website.  its free legal advice.  run by solicitors but they are only available at certain times due to their help being on top of their everyday workload.  if you are happy to do have a look at their website & if you then decided to you could arrange a telephone appointment

keep going because once you eventually get to speak to someone you will hopefully find out your rights/options.  if necessary your solicitor could apply for things like an occupation order or non molestation order for example if these were necessary.  i suppose you could always find out if there is another solicitor recommended by your local da service if this one keeps letting you down.  i really hope you dont have to wait much longer but in the meantime try not to pay too much attention to the things your partner is saying – your solicitor is the only person you are interested in listening to x

[Marmalade]

Hi Anderson,
It is really worth trying again with the DV solicitor to see if you can get an appointment.
Finances on divorce are tricky. So the starting point is 50/50 split. One thing that is really hard is that if you both live in the matrimonial home then it really doesn’t matter whose name it is in. A solicitor can explain what that means in practice for you, as the likely order you get will depend on the individual circumstances of your marriage.
Your ex has had legal advice and could well be correct that he doesn’t have to leave the house during the divorce financial process. If there has been domestic violence then you need legal advice on whether you have sufficient grounds to apply for an occupation order. This is a draconian order so you need to know if it is an option for you in your circumstances or not.
Some solicitors offer the first 30 minutes free. If there are any near you who do this, look for a solicitor who does family law. Have a list of all the relevant facts and your questions to hand so that you don’t waste any of the time.
Rights of Women are brilliant. They are only open a few hours and it is really hard to get through, but it is worth trying again and again as they give helpful advice.
Good luck and I hope you get some advice soon.

[Anderson]

Thanks everyone for taking the time to respond, I appreciate it.

[Author]

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