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Hi, trying to find some information on behalf of a client I am an advocate for. A bit of background - she has mental health problems and is on benefits. She does not qualify for legal aid and has no money to pay a solicitor the £200 + they all want on account. CAB have said they can't help with advice. She divorced her partner several years ago with an informal arrangement that she stay in the house with the son and they both pay half the mortage. No other financial deals done at the time.
Due to circumstances the teenage son now lives with dad who wants the house sold. He is planning to buy her out, do the house up and sell it on. They have had a valuation she agrees with but he is offering less money than she thinks is fair. He has a pension and she has an endowment which he suggest they each keep - she does not know if this is fair, or if any of his savings should be taken into account.
However the main issue is that he is telling her that if she does not go to mediation he will take her to court. He has told her that if she does go to court she will be liable for both their costs. Plus he will have representation, she will not, and she does not have anyone to act as a litigation friend. This frightens the life out of her so there is a strong possibility that mediation will be a token affair where she agrees to everything so as not to be taken to court.
So my questions are - are there any other sources of advice she can access. If it does go to court, would she be liable for his costs if she has attended mediation and genuinely tried to reach agreement. And is there anything else I can tell her about the process that would make it easier for her to decide if she's prepared to take the chance.
Also he says once the deal is done, he wants her out within a week. She will need the money from him to find a rental. She has been told as she is on benefits she will need to pay at least 6 months in advance, which is fine but she can't start looking till she has the money. It is then likely to take a few weeks to find somewhere else, get references checked etc, but by then the house will technically be his. Where does she stand on negotiating to stay in the house for another month or so while she finds alternative accommodation?
Thanks in advance.
Due to circumstances the teenage son now lives with dad who wants the house sold. He is planning to buy her out, do the house up and sell it on. They have had a valuation she agrees with but he is offering less money than she thinks is fair. He has a pension and she has an endowment which he suggest they each keep - she does not know if this is fair, or if any of his savings should be taken into account.
However the main issue is that he is telling her that if she does not go to mediation he will take her to court. He has told her that if she does go to court she will be liable for both their costs. Plus he will have representation, she will not, and she does not have anyone to act as a litigation friend. This frightens the life out of her so there is a strong possibility that mediation will be a token affair where she agrees to everything so as not to be taken to court.
So my questions are - are there any other sources of advice she can access. If it does go to court, would she be liable for his costs if she has attended mediation and genuinely tried to reach agreement. And is there anything else I can tell her about the process that would make it easier for her to decide if she's prepared to take the chance.
Also he says once the deal is done, he wants her out within a week. She will need the money from him to find a rental. She has been told as she is on benefits she will need to pay at least 6 months in advance, which is fine but she can't start looking till she has the money. It is then likely to take a few weeks to find somewhere else, get references checked etc, but by then the house will technically be his. Where does she stand on negotiating to stay in the house for another month or so while she finds alternative accommodation?
Thanks in advance.