Parents divorce getting messy over sale of the house

[Bellpepper]

My parents separated 7 years ago and divorced 2 years ago.
My Father resides in the house they own together. My Mother wants to sell the property as my Father can not afford to buy her share. My Father has paid the mortgage solely for 5 years but it remains in both names.
My mother can not buy a new property (she currently resides with a friend and pays her rent) without the release of equity from her share of the house. My father however, refuses to leave or sell. I believe this is now making my mother ill.
I have stayed out of this dispute until very recently, but now there is talk of courts and solicitors.
Can my mother force the sale of the house? How can she get my Father to leave the property? He is 62 and says he cannot be forced to leave based on his age as she is not allowed to make him homeless? I've tried helping my Father to find somewhere else to live but he still refuses to leave.

Usually finances (of which housing is part) is settled prior to finalising the divorce. Were other assets shared/resolved?

I've never heard of any age-related reason why someone should stay in a house, sounds like complete nonsense. Can he afford to buy out her share?

Mediation then court would be likely if he doesnt shift his position. It will be expensive - has she seen a solicitor to discuss?

No he can't afford to buy her share.
She had to see a solicitor to force the divorce and they have advised she now uses a solicitor which I guess they will as they benefit!
My father says he plans to ride everything out as long as he possibly can.

They’re not advising a solicitor just to line their own coffers! She needs one. She needs to get a court to order the sale. She won’t make him homeless because he can use his equity to rent or buy somewhere else, same as her. Must be very hard for you not to take sides!

Did they not get a Consent Order 2 years ago with the divorce? That should stated exactly what happens with the house and when.

It is unusual for a divorce to be granted without some agreement on finances.

Does your mum have the details?

You can't avpud solicitors or court of your dad is being unreasonable. Ger options are to put up with his position (why would she??) Or get ot decided by a judge.

First step is to see a solicitor, both parties need to fill in forms detailing current finances. If your mum applies to court then a timetable/ deadline is imposed and he can't not comply.

His age is absolutely not a relevant factor.
Is he still working or drawing a pension.

Reality is all assets will need to be split and he will have to downsize his housing needs.

To OP

If one partner is obstructive then very likely that Courts and Legal costs will arise. However, courts have the power to award costs either partner if they conclude they have been obstructive.

Seems odd that assets and fiances were not resolved at the time of the Divorce? Was there not a Consent Order or Court Order issued that detailed how assets were to be split? Or did your parents divorce without Legal advise?

DM definitely used a solictor but no court orders etc were issued. The solicitor is saying that DM stated that she did not want property or finances brought into the divorce. DM is saying that she said that finances didn't need to be included but that property did. I've asked her why she didn't read the paperwork in detail before signing and she says she doesn't understand all the legal language and had stated this to the solicitor and instructed her to ensure he wishes were carried out correctly.
A bit late now.