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Rights over house, can he force her to sell?

(6 Posts)
TruckersWife Mon 01-Aug-16 16:59:20

Ok, so not my story to tell, but basically my friend is going through a hard time, her H told her he no longer loves her and doesn't want to be with her anymore, they have 2 DC's. Now, if he had told her this, packed up and moved out and been reasonable, then I suppose at least he would have been honest and done the right thing, However, he hasn't, he expected to stay in their bedroom, she had to sleep on the sofa, with the intention of putting both DC's into same room, and then them having a room each and just carrying on living that way for the foreseeable........after a few weeks of him toing and froing between wanting her and not, she called time, and said he needs to move out as it's not fair on the DC's. She is aware that she can't force him to go as he still owns half the house and that she isn't allowed to change locks etc.
He happily told the DC's it's all her fault, she's made him leave. Yeah, nice.
Anyway, he's now said he wants the house, he will pay her out 30% and she can go get a council house (??????) She stood firm and said no, they both have rights to 50-50 and she's not going anywhere.
He now 'insists' he can make her sell the house and he is going to see a solicitor to make this happen.
I'm under the impression that as he has now left the home and isn't homeless, will not pay her any maintenance or contribute to the mortgage-something she has always paid from her bank account anyway, that she is entitled to stay living there until the youngest DC turns 18. Is this right? She can afford-just-to continue paying mortgage and bills without him but wouldn't be able to get another mortgage to start again. Where does she stand? Thank you

1weekdown5togo Mon 01-Aug-16 17:03:49

Nope not true I'm afraid. I went to court and judge ruled house to be sold and I had to move out with two small dc with special needs.

Everyone's case is different and it depends on how much equity is in the house, other assets and earning capacity. However times have changed and 50:50 is a starting point and then adjusted and men/fathers do better than they used to I think.

She must get legal advice though to find out her particular position.

happypoobum Mon 01-Aug-16 17:11:19

She needs to see a solicitor and talk through her options.

Best to divorce and sort out the finances that way.

Dozer Mon 01-Aug-16 17:12:41

She needs urgent legal advice.

TruckersWife Mon 01-Aug-16 17:54:16

Yes, she will be making calls tomorrow. I'm really trying not to run him down to her as I don't think that will help but he is being such an arse!! He will not commit to seeing the children, he just turns up and announces he's there for tea and to put them to bed, but if she calls him to say the dc's are sad and missing you he snaps 'that's your fault, you made me leave, i'm too busy to come and see them' He won't pay her any money as he says he is skint yet has just taken himself shopping, new clothes, tattoo and a laptop. Oh well, fingers crossed he either mans up or it will go her way if taken through court. Thank you all for your replies though. I just don't know what to say or to do for her, she's so lost and the dc's so angry at her as he keeps filling their heads with 'it's Mummy's fault, she doesn't want me here, she doesn't like me' etc.

tipsytrifle Mon 01-Aug-16 18:33:21

Your friend urgently needs legal advice. I think he can force a sale but it will cost him and I suspect the sharing out of equity money etc will still have to be dealt with properly; as in he can't just sell, there must be proper and official negotiations regarding separation/divorce tagged to the sale. Solicitor and divorce proceedings needed asap. Friend might need to initiate the latter if H thinks he can just leap to selling up and taking money.

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