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Forcing House Sale

(5 Posts)
ButterBeanSoup Tue 27-Dec-16 14:01:33

My DB is in a bit of a tricky situation. He will get legal advice, of course, but posting for opinions.

He has been with his partner for 20 years (married 11). They have 4 children 19,17, 15 and 13. Partner has not worked for 15 years. He tells me that the arrangement was always for her to go back to work once the youngest was at school, but this did not happen. He has had to work two jobs to support the family, and they accrued debt over this period, which he has only recently managed to clear.

Last April, he found out that his wife was having an affair. She is refusing mediation, and saying that she will only communicate via solicitors.

They are both still living in the family home. She refuses to move out, or to get a job to contribute financially. He wants to sell the home and cut ties with her (but not the children, obviously).

He knows he can apply to the court to force the sale, however, we also know it is possible the court will delay until the youngest is 18.

The question is, if the court delay the sale, does this mean that he has to pay for her to live in the house for free for another 6 years?

Collaborate Tue 27-Dec-16 23:39:01

Not that easy to answer on the information given. He really needs proper and full legal advice.

Also not clear whether they're married (ref to wife) or not (ref to partner).

Ellisandra Wed 28-Dec-16 07:44:02

Married - OP says for 11 years.

Which is fortunate for her that she has this protection now haven rather riskily decided to napalm her earning potential by having 4 children before they married!

I think you have to look at this setting aside personal emotions - because the court will. Her affair? Irrelevant. (as it should be - and I say that as the chested on party in my own split)

I think you had another post that said your brother wanted 50/50 child arrangements? That's relevant. There isn't enough detail here - that's why people have to train as family law solicitors.

The court will want the children and the parents to be adequately housed. No-one here can know the best way to do that. If they're in the cheapest 3 bed house in a 50 mile radius with little equity - it may make no sense to force a sale. If they're in a 4 bed 4 bath on the town's nicest road and a 4 bed on a cheaper estate is half the price half a mile away... you see what I'm getting at?

The best answer about a forced sale vs him having to pay mortgage is that yes it could be either or it could be somewhere in between.

MrsBertBibby Wed 28-Dec-16 09:44:15

Can't really advise on this information, but I can say the court would expect her to get a job. The court can take into account earning capacity, not just earnings, so if she wants to stay put she is likely to have to work for it.

Also, with 1 (nearly 2) adult kids, she may find the housing need for both of them is reduced to a house for them and 2 children, not 4. Children's needs cease to take priority after they turn 18, although they are still a factor.

babybarrister Fri 30-Dec-16 21:47:06

Message withdrawn at poster's request.

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