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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.

How soon could he force sale of house?

36 replies

HELPNEEDHELP12398765 · 10/02/2022 18:57

My husband and I separated last year. He moved out and I am in the former family home with the children. It is jointly owned (with a mortgage) , I am currently paying for the mortgage and all bills.

He is desperate to sell it as he wants to buy somewhere for himself. With the help of family I might be able to buy him out (dependant on the amount he wants for his share) but would struggle to get a mortgage in my own right for the rest as my income is a lot lower than his, so I doubt this will be an option. If I sell and rent somewhat big enough for myself and the children, within 4 years I will have no money left at rent is very expensive here and I would also need to live off the money from the house sale as I would lose the universal credits I currently get. I could try to move to a cheaper part of the country but I doubt he would allow me to move the children and I don't know if it would be best for the them right now.

I have stalled things at long as possible but he is adamant the house needs to be sold or I buy him out. He is apparently getting his solicitor to write to me to say this, to request all my financial info and to draw up a separation agreement. We haven't even discussed the split of equity yet although he is assuming a 50/50 split. Can he just force a sale of the house on his terms or can I wait a bit longer until I have had a chance to get more legal advise, speak to mortgage brokers again, look into shared ownership etc.?

In order to get a court to order the sale of the house, I'm assuming we would first need to begin the divorce process rather than the separation agreement he wants and how long would all this take.

I'm really scared, he will have no problem buying a small house with his share of the equity and a mortgage but the amount I can get a sole mortgage for is tiny. I would only be able to buy a 1, possibly 2 bed flat and I have 3 children.

OP posts:
millymolls · 11/02/2022 21:30

The fact he’s not paying mortgage at the moment is not relevant to a settlement as he’s having to pay rent elsewhere and you have full use of the house

moanymyrtle · 11/02/2022 21:52

I took over the mortgage and ex came off the deeds before we started divorce. If he can afford to buy without freeing up the equity then just coming off the mortgage would allow him to do that without waiting for the divorce to go through. You can ask the bank if they would let you take over the mortgage. It was very straightforward with my bank they handled it all and I used a solicitor they suggested to sort the deeds who did it all online except one visit to the bank for me and ex to sign something.

IdblowJonSnow · 11/02/2022 21:57

You can get legal advice for free for 30 mins with many solicitors.
If he earns more than you AND you have the kids the majority of the time, no way should you settle for a 50 50 split.
Hang tight and don't let him frighten you!
But DO get some advice yourself and try a few different companies.

IdblowJonSnow · 11/02/2022 21:59

And CMS is fuck all to do with paying towards the house. The cheeky fucker. I'm glad he's your ex OP!

HELPNEEDHELP12398765 · 11/02/2022 22:10

@IdblowJonSnow

And CMS is fuck all to do with paying towards the house. The cheeky fucker. I'm glad he's your ex OP!
I'm glad too!

His salary is 5 times mine and he has only had the kids for a handle of days over the last 6 months so 50/50 didn't seem a very fair deal to me right now. I want to make sure we can both have a home but as primary carer for the children my needs are different to his and I don't think he can see that.

OP posts:
HELPNEEDHELP12398765 · 11/02/2022 22:12

@moanymyrtle

I took over the mortgage and ex came off the deeds before we started divorce. If he can afford to buy without freeing up the equity then just coming off the mortgage would allow him to do that without waiting for the divorce to go through. You can ask the bank if they would let you take over the mortgage. It was very straightforward with my bank they handled it all and I used a solicitor they suggested to sort the deeds who did it all online except one visit to the bank for me and ex to sign something.
Unfortunately I don't earn enough to take over the mortgage, despite the fact I can comfortably afford to pay it!
OP posts:
Doubleraspberry · 11/02/2022 22:27

@millymolls I just meant to agree with your comment rather than appearing to disagree!

LemonTT · 11/02/2022 23:40

@millymolls

The fact he’s not paying mortgage at the moment is not relevant to a settlement as he’s having to pay rent elsewhere and you have full use of the house
Quite, if the OP wants to push the point about paying the mortgage she needs to be prepared for him moving back in to the house he jointly owns. Then she really will be pressurised to move things forward.
WingingIt90909 · 01/03/2022 14:22

Hi @moanymyrtle, I noticed your comment further up regarding your partner taking his name of the deeds and you taking over the mortgage. How does he access his equity? I only ask because I'm in the process of divorcing, and would like to take over the mortgage, but there's equity in the property, so I'm trying to work out options. Thanks.

WingingIt90909 · 01/03/2022 14:25

@WingingIt90909

Hi *@moanymyrtle*, I noticed your comment further up regarding your partner taking his name of the deeds and you taking over the mortgage. How does he access his equity? I only ask because I'm in the process of divorcing, and would like to take over the mortgage, but there's equity in the property, so I'm trying to work out options. Thanks.
Just to add, we have a 6 year old, I earn less than ex, and I'm main carer, so I'm really keen to keep home life consistent for little one. I earn a reasonable wage, so can afford current repayments, but not if I had to borrow more to buy him out, so I'm not sure how to proceed.
ComtesseDeSpair · 01/03/2022 15:22

@WingingIt90909

Hi *@moanymyrtle*, I noticed your comment further up regarding your partner taking his name of the deeds and you taking over the mortgage. How does he access his equity? I only ask because I'm in the process of divorcing, and would like to take over the mortgage, but there's equity in the property, so I'm trying to work out options. Thanks.
Start your own thread for advice. Whether the house will need to be sold, what figure of equity you’d each be owed, or whether the option of not selling the property is viable for you depends on a range of factors specific to your personal situations and divorce settlement, which nobody here can fully advice you on - although start your own thread and people may be able to talk you through bits and pieces. Do you have a solicitor?
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