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Husband wants equity of house but owns another property

(13 Posts)
Veenus73 Tue 16-May-17 16:50:46

Hi, I have a query but am ensure if I need to seek a solicitor for the answer, could anyone give me a yes or no answer?

My estranged husband is forcing the sale of our marital home, in which our 19 year old daughter still lives in. He wants half of the equity, however he owns half of his mums home (along with his sister). His mums home is owned outright, and he is currently living with his mum in that home.

The question is, is he still entitled to force the sale of the marital home if he technically owns half of another property?

Any insight or answers would be greatly appreciated! smile

expatinscotland Tue 16-May-17 16:53:27

Why does it matter if he joint owns another property?

QuiteLikely5 Tue 16-May-17 16:53:50

he can get you out by taking you to court

Is see your still married?

You need to see a solicitor ASAP

Guiltypleasures001 Tue 16-May-17 16:57:21

Are you not entitled to some of his share of his mums house? Doesn't it all go in the marital pot?

DelphiniumBlue Tue 16-May-17 17:04:18

You definitely need to see a solicitor.

Basicially, n the event of divorce, all the couple's assets ( with a few exceptions) are put into a pot, and they are then divided. 50:50 is the starting point, but there may be reasons why one party should get an enhanced share ( eg earning capacity, ill-health , long-term needs etc.)

The matrimonial home is just part of a pot which includes savings, shares, pensions and other assets such as an interest in another property. So it does not make legal sense to consider the marital home by itself if there are other assets ( as in your case). That is why you need to see a solicitor, and quickly.

Veenus73 Tue 16-May-17 17:18:11

Because he has somewhere to live and we won't. He has family. I don't. He has support. I have none.

KanielOutis Tue 16-May-17 18:08:45

His share of the home he lives in will go in the pot, along with your home and any other assets either of you have. Then the pot as a whole will be split. Is there a mortgage on the former marital home? If the equity in your home is equal to the rest of the pot then you may be able to keep the home and him keep the rest?

Ellisandra Wed 17-May-17 18:37:59

Please don't ask a question like this on MN instead of seeing a solicitor. Really, really don't.

It's too important.

No disrespect to PPs!

sosoverytired Wed 17-May-17 18:40:56

Who pays the mortgage?

CotswoldStrife Wed 17-May-17 18:42:53

Was this sale agreed as part of the settlement and the divorce - that your daughter had a home until she was 18 then it was to be sold and the equity split between you?

Ellisandra Wed 17-May-17 19:08:40

OP says estranged husband, so presumably no finalised divorce yet.

Veenus73 Wed 17-May-17 19:48:32

No divorce yet. We're both paying the mortgage

Ellisandra Wed 17-May-17 21:27:24

Well how exactly is he forcing the sale then?
See a solicitor.
If the house is not in joint names file the home rights form (I forget what it's called to solicitor will tell - or google it file it yourself). It basically stops him from selling it from under you if your name isn't on it.
Then tell him to fuck off, nothing happens til the divorce settlement is agreed.

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