Been told yes then no??

Hi all been given two different answers regarding legal aid and wondered if there were any of you on here had been in a similar position or could give an opinion/advice.

The case is child residence and divorce, there is no income and no savings. BUT, and this seems to be the sitcky wicket, the marital home is 50/50 on the deeds as is the mortgage.

One solictor says this doesnt count because the dispute is famaly and against the other partner in the property. Another says your half of the equity does count and so you can''t receive it!

So any ideas?! The problem is that its ok saying you have half the equity but you can''t use it for legal funds if your partner wont agree on secured finance on it for instance????? Seems totally unfair.

WOuld be more than happy to use the equity to pay for the case but how can you when your partner knows by saying no you cant get it freed up??!!!

Anyone?

hi,
i was in a similar situation i was the partioner in my divorce and the house was in joint names and at the time i was awarded legal aid against the house and if ever sold the costs would simply be satified from the sale ,there was never a question of him agreeing to acept the charge or not on the house that never even arose but in honesty if he had disputed it if it ever came into question and refused and legal aid hadnt been granted he would have been ordered the costs of the hearing and divorce itself so it would have been no benifit for him to refuse
hope this helps in some way
hillary

yes it does thank you