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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.

Flip

Original poster

Keeping the house

11 replies

Inca22 · 08/10/2023 20:10

If I can afford to buy him out (our children are adults - one at uni who still needs space here) can he force a sale?

OP posts:

Doggymummar · 08/10/2023 20:11

Do you mean force you to buy the house because you can afford it? No it can go on the open market if you don't want it.

AnotherTeaPlease · 08/10/2023 20:12

This reply has been deleted

This has been deleted by MNHQ for breaking our Talk Guidelines.

Original poster

Inca22 · 08/10/2023 20:44

Sorry I meant if he can ask the court to force a sale - even if I can buy him out. He's threatening me saying he'll force me out but I don't want to leave the home. I've put so much time, effort and money into it. And it's only been two years.

OP posts:

Doggymummar · 08/10/2023 22:57

No I don't think so, he can put it on the open market with your agreement but then there would be estate agent costs, conveyancing etc wouldn't make sense really, would it. Better post in legal to get a solicitor to answer.

Original poster

Inca22 · 08/10/2023 23:13

Thank you

OP posts:

FSTraining · 08/10/2023 23:16

Inca22 · 08/10/2023 20:10

If I can afford to buy him out (our children are adults - one at uni who still needs space here) can he force a sale?

He can't force a sale provided you can buy him out and release him from the mortgage. It wouldn't be in his interests to anyway, as he would needlessly incur legal fees both in taking the matter to court and in paying a solicitor for the sale of the house. Selling his share to you spares both those costs to him so he would be a bit of an idiot to force a sale.

Soontobe60 · 08/10/2023 23:21

He’s clearly being vindictive. But no, he cant ultimately stop you from buying him out - perhaps you can get a financial order in which its clearly shown that you will stay on in the property and pay him X £££.

50plusandfabulous · 08/10/2023 23:22

Ive just done this, it just felt easier than two purchases plus a sale at same time. This house is too big for just me, mortgage is huge but i can manage it. Obviously saved money as he bought for cash and i had no stamp duty. I am sure he will see sense? Hope you can sort it x

Original poster

Inca22 · 08/10/2023 23:26

He won't see sense. Mortgage is entirely in my name already but we've been together for nearly 30 years. He just wants me out on the street but I can afford to buy him out and I want to stay here. He says he can get me out which would devastate my adult children.

OP posts:

50plusandfabulous · 08/10/2023 23:30

@Inca22 what a total dick! I have been married for similar amount of time . I had to drive the whole thing including finding his property purchase and helping him pack and move out. No practical suggestions just a hand hold if it helps xxx

MintJulia · 08/10/2023 23:35

No, he can't. If you were unable to buy him out, then the court could order a sale on the open market, but if you can afford to buy his half at market rate, then the court will opt for that first.

Flip