Legal Aid

[macca92]

Does anyone know if someone could get legal aid for a conveyancing/property issue that may result in that person benefiting financially? I thought you could only obtain it for criminal matters ?

Thanks

Jamie

[brian]

Not sure what you mean, Jamie - could you please explain?

[macca92]

Hi Brian,

It stems from this joint tenancy issue we have with our relatives former partner that I've been talking of.

We are considering taking him to court for a percentage of the property. Our legal fees are likely to cost us about £10k but will he qualify for legal aid as we are taking him to court, not the other way round? Although he is the now legal owner, he will still be technically be inheriting the house so stands to gain after sale.

I didn't think legal aid was available for situations like this and only for criminal matters?

[brian]

So far as I understand it, Legal Aid is provide on a means-tested income basis, rather than according to the case (there are exceptions where legal aid is not provided, but this is a bit aside).

So, unless there are special circumstances relating to your former partner, ie, no income, then the expectation would be that no legal aid would be provided. The caveat, of course, is that I am not a solicitor and therefore am providing a personal opinion, not a professional opinion.

A warning on fighting people who receive Legal Aid, though - because they tend not to be restricted by budget, some solicitors will milk their case on the basis on what they can get out of the system for themselves, rather than because of being in the absolute interests of the clients. I have a neighbour feeling the pressure on this on a different matter, where they pay legal costs themselves against an ex-partner who gets legal aid. 2c.

[ccoffe]

ilikeyourarticleverymuch。