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  • 30-12-2012 1:58pm
    #1
    sarahnew
    Closed Accounts Posts: 19 ✭


    hi all,
    hope someone can help me?? i'm seperated for the last four year's from my ex husband. It had been fairly amicable until recently when our now 18 year old daughter decided she didn't want to see him anymore. That was her own decision because he is a very difficult man. So our family home is for sale, i moved out of it 2 years ago and he lives there part time. It is not in negative equity so at a very reduced price we may be able to sell, but he wants in my opinion an unrealistic price for it. So to cut a long story short i have applied for legal aid and i am i think entitled to it. So does anyone know what our legal entitlements are thats me and my 18 year old daughter. I would just love to sell it and share whatever and that's it. Until recently we have tried to leave it out of court and settle between ourselves but now i want a legal seperation, thanks in advance for any advice you can give me....


Comments

  • #2
    aujopimur
    Registered Users, Registered Users 2 Posts: 3,953 ✭✭✭aujopimur


    You can apply to your local Law Centre for legal aid.
    It's means tested, if your not working you will normally qualify, an affidvit of means is required for all applications.


  • #3
    sarahnew
    Closed Accounts Posts: 19 ✭sarahnew


    Thanks, anyone else have any experience of this??


  • #4
    Abi
    Closed Accounts Posts: 22,058 ✭✭✭✭Abi


    sarahnew wrote: »
    hi all,
    hope someone can help me?? i'm seperated for the last four year's from my ex husband. It had been fairly amicable until recently when our now 18 year old daughter decided she didn't want to see him anymore. That was her own decision because he is a very difficult man. So our family home is for sale, i moved out of it 2 years ago and he lives there part time. It is not in negative equity so at a very reduced price we may be able to sell, but he wants in my opinion an unrealistic price for it. So to cut a long story short i have applied for legal aid and i am i think entitled to it. So does anyone know what our legal entitlements are thats me and my 18 year old daughter. I would just love to sell it and share whatever and that's it. Until recently we have tried to leave it out of court and settle between ourselves but now i want a legal seperation, thanks in advance for any advice you can give me....

    If he is looking at it unrealistically the house will not be likely to sell. This will mean more estate agent costs, and would be foolish in my opinion.

    Your daughter is 18 years old, if she does or doesn't want to see her father, then it is her choice. I will say however, regardless of difficult he is, do try to encourage her to see him. At her age, she no doubt wants to be out and about with her friends and doing her own thing, so she may have less and less time for him and he may feel left out.

    As the previous poster said, legal aid is means tested. You would have to either be on a social welfare payment, or on far too low an income and have a considerable amount of outgoings to obtain this service. I should also warn you that legal aid may take some time to get back to you as they are inundated with applications for legal help. It's quite a slow process.

    Have you been to mediation with your ex? If not, I highly advise this. It should help smooth the path for your separation. It may help your ex to see the considerable expenditure ahead unless he begins to realise that the house will not go for what he is expecting for it. Times have changed, whatever the valuation it was several years ago, it's most certainly not the same figure now. He should be thankful that you are not in the same position as a lot of other ex-couples, as some are stuck living in the same home due to negative equity.

    Try to encourage him to go to mediation if you haven't been already, it could make a big difference and may help speed up the whole thing for you both.


  • #5
    Ickle Magoo
    Closed Accounts Posts: 17,485 ✭✭✭✭Ickle Magoo


    Hey there sarahnew,

    Legal Aid info HERE. They do have a strict criterion for eligibility - they also have around a 12 month waiting time...so apply asap if you are eligible.

    You'll have to go through mediation if you're going through a formal separation/divorce anyway, so in the mean-time it might help to get onto that in the hope it gets the message across faster - it might also help to attend a few meetings with various estate agents with your husband and discuss what a reasonable sale price is going to be and the financial cost (in terms of what he's going to lose to his own pocket if he's being awkward) of having unrealistic expectations.

    Your daughter is legally an adult so obviously there is no need for you to mediate between herself and her father - though clearly if his behaviour is what has triggered your daughter not wanting to see him then that's something she will need your help with...in terms of having support to lay down her own boundaries and discuss issues with him in order to maintain a relationship with her father, if nothing else.

    I wish you all the best.


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