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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Original poster

Forcing House Sale

7 replies

Dan88 · 30/03/2017 19:42

Hi All,

I have a strange one to raise... I have been separated for 3 years and I'm the one that lives in the family house with my two daughters. Now, I'm the one that wants to force the house sale due to my soon to be ex husband not paying his half of the mortgage or a joint loan that isn't secured on the house. He has said that if I move out (I'm planing on moving town) he wants to keep the house and rent it out to tenants. I don't want to run any sort of business with him and want to be free of the debt. Can anyone offer any advice or experience of this situation!

Many thanks

OP posts:
MrsBertBibby · 30/03/2017 20:07

You need to pursue your financial applications through the court.

You will probably have to try mediation.

See a family solicitor for advice on your options.

Original poster
Dan88 · 30/03/2017 22:26

Thanks for you reply. I think I will but I'm finding it difficult to raise the £550 for the court fee.

Surely, he can't force me to keep the house? Wouldn't the court agree that it needs to be sold....

OP posts:
oleoleoleole · 30/03/2017 22:33

It's a long time since I've worked in family law but if neither of you intend to live in the former matrimonial home then I can't see a judge ordering you to retain it. Far easier to have a clean break and sell it and split assets if there are any.

MrsBertBibby · 31/03/2017 07:43

It's highly unlikely a court would agree to what he suggests, unless the home were in negative equity, making a sale problematic.

If I weren't a solicitor, I'd say there's no chance, but I am, so I won't.

EnormousTiger · 31/03/2017 17:04

Sounds like you are negotiating the financial part of the divorce package at present for the soon to be ex husband. You will be entitled to at least half the equity in the house. Is there any equity in it? If so if he cannot afford to buy out your share (he may be able to) then the house will be sold and proceeds split.

If you cannot afford to pay court fees and are on benefits then I think you can find the fees are waived .

Original poster
Dan88 · 31/03/2017 23:36

Hi All, thank you for the advice.

I am not in negative equity. Which means we can split the profit after the debts have been paid. We bought land and built the house so, a good profit was made.

I shall arrange a meeting with him next week to come to an agreement. Otherwise, it's to court with lots of legal costs.

OP posts:
Original poster
Dan88 · 31/03/2017 23:37

He says he can't afford to buy me out, I have asked.

OP posts:
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