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Anyone know if he can make me sell the house?

(20 Posts)
suntansally Fri 30-Jun-17 11:09:16

Hi can STBXH force sale if our house ? 4 dcs? Married 15 years he's working I'm not x

Thank you

MrsBertBibby Fri 30-Jun-17 11:56:30

He can ask the court to order a sale. The court will decide based on all the circumstances. I assume it's in joint names?

Are you able to work?

suntansally Fri 30-Jun-17 12:49:35

Yes joint names I am able to work but have taken a year out of uni until court and divorce sorted

inanutshelle Fri 30-Jun-17 19:14:31

I have been to a solicitor for advice today before mediation starts.. She told me that he cant make me move out because it is childrens home. If both names on deeds you would have to agree to sell.

MilkTwoSugarsThanks Fri 30-Jun-17 19:17:49

Court can order the sale of the house as part of the financial settlement if it's considered necessary for a fair split.

Graceflorrick Fri 30-Jun-17 19:19:50

Can you keep up the mortgage payments Sally?

YoshimiBTPR Fri 30-Jun-17 20:24:42

I was advised that I could probably stay in house until DC are 18 and then sell/split equity. Ex would have to stay on the mortgage as I won't ever be able to buy him out. I'd be given a reasonable period of time to find work and take on the mortgage repayments. It was only advice though. Don't yet have a settlement.

babybarrister Fri 30-Jun-17 22:15:46

Message withdrawn at poster's request.

suntansally Sat 01-Jul-17 08:19:51

If I can't afford 100% of it do you think he has to help in any way?
Ideally I'd like to take over the mortgage until I find some affordable housing so it will be tight

suntansally Sat 01-Jul-17 08:20:13

Although my mortgage here is currently cheaper than renting

MrsBertBibby Sat 01-Jul-17 08:31:19

It's impossible to say without the full picture. You need to get advice from a family lawyer.

SnugglyBedSocks Fri 07-Jul-17 05:26:16

I am in a similar situation. My stbxh wanted the house on the market within two week's of us seperating.

I would like to try and stay here as stability for my children - especially my eldest who is autistic. I have an appointment with the mortgage company to discuss my options.

My solicitor has said that they would negotiate for me to remain but there is no guarantee that I will be able too

babybarrister Fri 07-Jul-17 09:04:39

Message withdrawn at poster's request.

SnugglyBedSocks Fri 07-Jul-17 17:46:21

Oh that's an idea. Thankyou

SnugglyBedSocks Sat 08-Jul-17 15:14:25

I am now filling in Form E and my stbxh will be requested to do the same so we can disclose our finances fairly as he is convinced I'm after his pension and his redundancy money hmm

MrsBertBibby Sat 08-Jul-17 15:49:16

Well, it is often fair for such things to be shared.

SnugglyBedSocks Sat 08-Jul-17 17:19:08

I agree...he doesn't. He wants to have half the house, all his redundancy (several thousands) and all his pension....

RandomMess Sat 08-Jul-17 17:41:39

Snugglesocks - he is deluded if the DC are his and you are married!! Hopefully his solicitor will eventually be able to get him to see sense rather than waste time and money in going to court.

SnugglyBedSocks Sat 08-Jul-17 18:43:43

Together 20 years. Married 15yrs. Really don't know what he is thinking.....well actually I do! New life with his new woman!

RandomMess Sat 08-Jul-17 19:34:15

My friend ended up with spousal maintenance to the tune if 50% of the mortgage repayments, not selling the house until youngest leaves uni unless doesn't go, CMS and the judge was very pissed at his attitude - he was in rented accommodation and the equity in the home insufficient to split and friend buy due to her low earning power. Think equity is 30;70 split but no claim on his not great pension.

Think your ex is deluded indeed...

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