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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.

Force of sale

2 replies

Lis667 · 19/02/2025 11:35

My husband and I are divorcing and I am buying him out. His solicitor has said if I can’t get the money to buy him out (which I do have already) or if I can’t get the mortgage in my name, we have to sell it after 56 days. I don’t have anywhere else to go and we have a 2 year old. Surly I won’t have to sell the house?
My mortgage provider has said I have to pay the mortgage for 6 months on my own before they will transfer (to prove I can afford it). But obviously my husband isn’t wanting to wait that long as he wants a mortage on his own so wants to be taken off the one we have. (Iv spoken to my solicitor just posting here to see if anyone had had a similar situation)

OP posts:
millymollymoomoo · 19/02/2025 12:14

Of course he can force a sale…. If you can’t afford to buy him out or take on a mortgage then ultimately that is likely what will happen,

it might be possible to defer that for a few years, and you shouldn’t do anything until you’ve agreed an overall financial settlement to determine your share ( so you know what capital you need to raise) which includes assessing all assets but ultimately yes the house is likely going to be sold unless you can buy out his share and take on all the mortgage bills

what does your solicitor say re overall split if assets? Are there pensions or anything else? Is there a massive income disparity? What is the value of equity? These are all factors that will matter

millymollymoomoo · 19/02/2025 12:15

Sorry should say he can’t force a sale but a judge could as part of the divorce process and financial settlements and that is very common even with young children

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