Forcing the sale of our family home

[1971mum]

I was married for 16 yrs, 3 gorgeous kids.... We separated over 2 yrs ago and I remained in the family home with the kids ever since. He's been totally unreasonable from day dot, he hasn't contributed to the mortgage for over 2 yrs and has barely paid child maintenance, I have paid it all on my own. Now he's applied to the court to force the sale of the house, I work from home, so it would mean setting up again to be able to work as well as uprooting my kids, there's a date in for court, every asset on the table belongs to me..... I don't want to sell ???? can he really force me.... I'm getting ready nervous now that it's coming to this,

[worridmum]

he might not get a forced sale of the properoty but depending on the assists he as a starting point of a divroce is 50/50 but other factors effect the % due

Without knowing details of exactly what assists there are on the table no one can really judge it other than a soiclotor so that would be my strong recomendation.

could you raise the capital to buy out his share in the house? or does he have a massive pension that you can forgo a claim agaisnt to keep the house (might not be big enough for it to be worth his while though )

Or you could get a mesher order which would deley the sale of the house until your youngest joint child reaches 18 (or end of full time education) or you remarry etc

But be prepared as you were married he most likely will not be walking away with nothing and all assists of joint ones in a marragie (barring inhertance if your in scotland)

But please please go book a session with a divrioce lawyer that will give you more in depth information on your sistuation

[1971mum]

The assets are my car and my pension, my pension is worth a lot more than his, he won't settle on just the equity of the property, he's not declaring his assets, he's not pains a penny towards any of the household liabilities since the day he left, ultimately he wants me not to be able to buy him out, I do have a solicitor. It just doesn't seem right he can force this on us????

[millymollymoomoo]

'every asset on the table belongs to me' Unfortunately they belong to the marriage. How they will be allocated depends completely on your own individual circumstances

If he's not declaring his assets I think a court can force that.