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Husband refusing to sell house

(8 Posts)
vjbuzzy Tue 31-Oct-17 08:25:24

My husband and I want to separate but he’s refusing to put our house on the market as he wants equal access to our son and doesn’t want me to move 2 hours away. All my money is in the house so I can’t buy anywhere else until we sell. What am I legally allowed to do?

crimsonlake Tue 31-Oct-17 08:48:30

See a solicitor, you may be able to get a free half hour consultation.

DancingLedge Tue 31-Oct-17 08:52:28

There are some great solicitors on MN.
They hang out in Legal, located in Other Stuff.
Posting there might get you some useful advice.

WitchesHatRim Tue 31-Oct-17 08:55:18

It is very reasonable for him not wanting you to move 2 hours away.

It isn't as easy as you making him sell the house either.

You need legal advice.

RoseNarene Sat 04-Nov-17 19:02:46

I have this exact same issue so I'll tell you what I have learnt so far from my experience.

You can take your ex to court to force the sale of the house, but this is a long, expensive process and you'd need a solicitor.

Your other option is to get him to buy your share of the remaining equity. Typically this is split 50/50 but if you are the main carer of the children then you should aim to get at least 60%. This is also a long process but not as long as a force of sale, I am led to believe.

Or, of course, you could buy him out but as I understand it, you want to move 2 hours away and you are well within your rights to do so.

As I understand it, any arrangement you come to will need to be rubber stamped by the court anyway, which will cost a hundred or so pounds. You want to avoid using solicitors for anything other than producing documents etc - not arguing, as this is where you could lose in excess of £10k.

You're best to sort out all the finances at the same time. Maintenance, pensions, everything.

I

WitchesHatRim Sat 04-Nov-17 19:05:45

Or, of course, you could buy him out but as I understand it, you want to move 2 hours away and you are well within your rights to do so.

When there are DC it isn't as simple as that.

RoseNarene Sat 04-Nov-17 19:58:23

It is as long as she is the main carer and she has good reason for moving, like a job opportunity or to be nearer to family who will help with childcare etc.

WitchesHatRim Sat 04-Nov-17 21:00:48

It is as long as she is the main carer and she has good reason for moving, like a job opportunity or to be nearer to family who will help with childcare etc.

She would be expected to facilitate contact and could very well be expected to pay for any travel too as it is her that is moving.

He could also take her to court over it.

As I said, it's not that simple.

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