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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.

What happens if I want a divorce but our house is an unfinished project and he refuses to sell?

8 replies

flowergirl24 · 17/11/2024 10:40

Just that really.

I have 3 small DC and want a divorce. The house we all live in is mainly finished after a big project but the landscaping isn’t done and there’s a garage that is half built and the garden is a mess. It is looking like the work will take at least a year and cost a lot of money.

I want a divorce and would like to sell the house now. I know that he won’t want to sell until all the work is done.

What will happen in this situation?

OP posts:
Willsnbills · 17/11/2024 10:46

Then he’ll have to buy you out.

TheFlis · 17/11/2024 10:48

If he can’t buy you out you would have to get a court order to force the sale.

millymollymoomoo · 17/11/2024 11:31

The divorce will take a year or more
do the work, finish the house then sell it

flowergirl24 · 17/11/2024 13:19

@millymollymoomoo does a divorce really take a year?

OP posts:
millymollymoomoo · 17/11/2024 13:22

Well that would be considered quick if you’re looking to tie up the divorce and financial
settlement together - which you should really

rwalker · 17/11/2024 13:31

I don’t there’s going to be much difference in timescale between waiting a year and a court order to sell
also finished hose possibly sell quicker than one that isn’t

don’t forget court costs

ShinyShona · 17/11/2024 15:09

flowergirl24 · 17/11/2024 13:19

@millymollymoomoo does a divorce really take a year?

At the moment, the courts are so backed up that it could easily take 2 years to get a financial settlement if you start now. First you need to apply for divorce and wait for a conditional order, that takes 20 weeks. If in that time you haven't agreed finances you would need to apply to the court for a financial settlement. It will take around 2 months for the court to take payment and about 3 months after that before you reach a first hearing. After that, probably 7 months to an FDR and another 7 months to a final hearing if you still haven't agreed.

It can be done much faster, but only if you can both agree at some point.

Octavia64 · 17/11/2024 15:34

If you are both agreed on the divorce so it is not adversarial then the court process can be a bit quicker.

Not much though,

If he doesn't want to sell he needs to buy you out,

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