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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

Can I sell the marital home to relocate?

38 replies

TimeIsAnIllusion · 25/10/2017 09:11

My husband has left. Can I sell the marital home to relocate (buy another property with the equity) nearer to my family. My youngest child is less than 18 Years? Do I need my husbands permission if he is not here?

OP posts:
meditrina · 25/10/2017 09:19

The former marital home is an asset of the marriage and who receives what share of the equity when it is sold is part of the wider financial settlement of divorce. It is highly unwise to pre-empt that.

Have you taken proper legal advice on your individual circumstances? Looking at all assets and debts, plus considering care of DC and any other dependents.

Original poster
TimeIsAnIllusion · 25/10/2017 18:30

Hi,
No haven’t taken legal advice yet - the only debt is the remaining mortgage on the property.
We have 3 dc and I’m a sahm.

OP posts:
Notanumberuser · 25/10/2017 18:35

Why on earth would you think you could? Flabbergasted.

KanielOutis · 25/10/2017 18:37

You can’t just sell the marital home and take all of the equity. Seek legal advice so you are aware of your share and move forward from there.

MrsBertBibby · 25/10/2017 19:23

Is the house in joint names, or just yours?

Original poster
TimeIsAnIllusion · 26/10/2017 10:01

I wanted to know because the house is in joint names, we are married, my husband has left us - I am entitled to stay in the property until the youngest child is 18 but I want to move closer to my family.

So in theory can I move house (hold on to the equity) until the youngest is 18?

OP posts:
Notanumberuser · 26/10/2017 10:02

Not without his consent you can’t sell up and move.

Original poster
TimeIsAnIllusion · 26/10/2017 10:09

Ok, just wondered. So if I want to move nearer my family assuming he won’t consent to the sale of the Family Home I would probably be looking at renting.

OP posts:
meditrina · 26/10/2017 10:28

It's not really fair to relocate DC away from one parent before the child arrangement order.

Have you had legal advice yet? You'll be expected to resolve things like where the children live and how assets will be divided through mediation is at all possible, but that doesn't cancel the need for you to get advice before making big decisions.

Who left whom and why are not considered in the settlements on divorce. Which can seem hard from the POV of the person who did nit leave/cheat/whatever. The interests of the children, and how they keep relationships with both parents is what should come first.

flyingpigsinclover · 26/10/2017 10:41

He will need to sign the form to sell the house,so the buyers know they will get vacant possession. He can't stop you moving though.

user1471530109 · 26/10/2017 10:45

Have you spoken to your ex about it? He may be happy for you to do this.

But you don't seem to have thought this through. Will you need a mortgage in the new area? Will you be able to get one on your own?

My exh left me with 2dc. He however agrees to sign house into my name. I then divorced him and consent order said house was mine. I have (or will have) a new mortgage in my own name on new house.

There are lots of things you need to sort before you do this. You need to speak to him if he is on current mortgage.

Notanumberuser · 26/10/2017 14:28

He can object to you moving the children. And take you to court to attempt to stop you.

Original poster
TimeIsAnIllusion · 26/10/2017 15:02

He has left the area where the children are. So I don’t know why he would insist they would stay here. He is not communicating with me.
I don’t know why he left he didn’t tell me he was going to and there has been no affair that I am aware of at this point (certainly not me).
He has made no arrangements to see his children.
He was the sole provider and has left me £140 total to provide for ourselves.
We never did have joint bank accounts he wasn’t happy for me to have access to his earnings.
He paid the mortgage, bills etc I used the child allowance and £37 a week ctc to pay got things the children needed and some of the food.
I do not drive he has the Family car.
The mortgage was joint - him making regular payments and me contributing £20k (all of my inheritance left to me) to the mortgage about 2y ago.
I would be able to afford a house with the equity in the property close to the area I want to move to.
I’ve not sought proper legal advice yet. He left on Tuesday. He told my eldest daughter but told her not to tell me he was leaving. It was unclear if he intended to return - he took most of his clothes though, and his laptop and phone etc

OP posts:
Notanumberuser · 26/10/2017 15:03

Woah. Take a step back. he only left 2 days ago. Wind back and breathe. I thought from the way you were talking he’d been left months and months.

AnchorDownDeepBreath · 26/10/2017 15:05

* I would be able to afford a house with the equity in the property close to the area I want to move to.*

Would you be able to afford a house there with half of the equity?

You may get more; but it’s a good idea to presume everything will be split 50/50 until you’ve had legal advice.

Original poster
TimeIsAnIllusion · 26/10/2017 15:09

If my youngest is 9y would I get to hang on to all the equity until he is 18?
It would save him having to fork out a mortgage payment each month, which would mean he could afford his own housing while keeping a roof over his children.

OP posts:
Original poster
TimeIsAnIllusion · 26/10/2017 15:11

I think the equity would be about £160k

OP posts:
sothisisnew · 26/10/2017 15:13

That's not how it works, you might be allowed to stay in the marital home but you can't simply chose to sell it and expect to keep the money.

poddige · 26/10/2017 15:14

You don't even know if you are able to stay in the marital home until youngest is 18. It doesn't automatically work like that.

You certainly wouldn't be able to sell.

Notanumberuser · 26/10/2017 15:14

It really doesnt work like that. It’s not ‘I have the children I can do what i like until youngest is 18’

You need to go and see a solicitor. And breathe.

Notanumberuser · 26/10/2017 15:15

As if a judge is going to let you (without the consent of the person who owns half the house at present) sell the house and put any profit in your own bank account with a proviso that you can do what you like with it for the next 9 years and sure what’s left at the end of the day you can split with the ex.

Can’t you see how ludicrous that is?

meditrina · 26/10/2017 15:27

"If my youngest is 9y would I get to hang on to all the equity until he is 18? "

Not necessarily. You need proper legal advice.

Original poster
TimeIsAnIllusion · 26/10/2017 17:52

Ok, so my best bet is to leave him the house and find somewhere to rent in the meantime so I can be near to and have the support of my family.

Or am I obliged to find a rental house near where he now resides to ensure he might get access to his children if he decides he wants that?

Eventually with his agreement the property could be sold and I may get a some of the equity.

OP posts:
Notanumberuser · 26/10/2017 17:52

You need to stop and breathe and go and get legal advice.

chantico · 26/10/2017 17:55

Neither.

Stay put, take legal advice, and then decide, in parallel with sorting out the child arrangements.

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