soulmanuk, if your ex pays £28/w CM she probably doesn't earn enough to be deemed able to pay anything else. The question you need to ask is would you be able to afford the mortgage if you received all the equity?
I would double check your legal aid situation because it seems a number of people have been turned down recently due to miscalculations. Failing that it sounds as though you have little option other than taking the bull by the horns and push on representing yourself. I'm not sure where you are at, but the first step is to apply for divorce if this hasn't already been done.
Once the divorce petition has been presented to court you can apply to resolve the finances (ancillary relief) and if you are struggling ask the court to award you provisional payments until the final settlement is reached (maintenance pending suit). You will probably feel better being proactive and if you and your ex can come to agreement along the way you can have this turned into a legally binding document. The Which? guide to divorce is a good grounding in the basics and the forms and leaflets are available at;
my sol doesnt seem to want to do anything that is my best interest. all she says is it is my fault. i didnt walk out and leave the kids to go and live with someone else,i am not the one who is not paying the debt, i have made an offer and all i got back was it was in your best interest to pay the debt and take it off the settlement, thing is she is not coming after a settlement cos she knows it is going to cost her money.
she is not coming after a settlement cos she knows it is going to cost her money.
soulmanuk, that's why I think you need to push to get matters resolved asap. If you are using a solicitor remember they do the advising, you do the instructing and if you aren't happy with the solicitor you have, change.