Selling the family home.

[Pleasecreateausername13]

If I advised ex to petition the court to force me to move out the family home, how long realistically would that take? I mean I’m not naive I know it will eventually go up for sale but just wondered how long the whole process would take. I’m trying to eek this out for as long as possible.

Why?

@millymollymoomoo Because myself and my year old daughter really have no where to go at this point.

If the end result doesn’t change, drawing it out can be antagonistic, costly and not great for your daughter

are you married ?

@millymollymoomoo Yes, married. Gave up my job last year to care for my daughter. Live very rurally so not much in the way of private let’s at the moment.

The key things you need to understand and think about arevefat overall settlement do you think you’ll get? And where will you live

a judge ultimately will force a sale if it’s not affordable and not a suitable scenario to keep it

you’ll have to go through mediation etc to try to resolve finances - but courts do take a dim view if people deliberately stalling and not cooperating

you’d be better to try to look at your finances, understand your options, possibly sell and move while your child is young, so you have better access to nursery/people/schools etc

have you had legal advice ?

It’s an act of division and sale. It would cost a lot of money to take you to court and takes ages! Possibly years.

Can he force you out if you've got a child of school age (or younger)? I always thought, that as long as you could continue to pay the mortgage, the other party couldn't force a sale if children were living in the house. Could be wrong, speak to a solicitor

Yes a court could order a sage with minor children
they can and do

I’ve been to a solicitor and she advised that if my stbxh took it to court to force a sale I could end up having to pay the legal fees. So I now know that’s not an option.