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Can I force him to sell me the house?

34 replies

shirleywurly · 02/11/2010 18:46

Hi, Brill site, have been meaning to join for ages, have finally found some "me time" so here I am.
My ex husband and I separated and divorced in 2005, I have stayed in the former matrimonial home with our 16 year old son whom has just started college. I receive child maintenance for my son and work as a teaching assistant at a local primary school. I would like to move on with my life and have recently broached the subject of my buying my ex out of his share of the house. Unfortunately he is not a reasonable man and says he will not sell unless I give him 50% of the equity, I can probably stretch to 40% but he says he will wait until my son has left full time education at which point he says he will automatically be entitled to 50%, is this correct? He also has some pensions the details of which he will not disclose to me, I was led to believe I may have a claim for 50% of the benefits of those too, does anyone know if I am correct in this assumption? I don't qualify for legal aid so to engage a solicitor at this point would be stretching my means unnecessarily, I know I will have to use a solicitor at some point but would be grateful if somebody out there could inform me of my entitlement to his pensions and whether I could force him to sell the house at this point, can he really have this hold over me regarding the house? I just want to move on with my life, all comments gratefully received. Thanks.

OP posts:
shirleywurly · 18/06/2011 09:30

Thanks Collaborate, what are the determining factors in a final hearing if the numbers are not enough to go on?
Thanks

OP posts:
Collaborate · 18/06/2011 10:38

Google s25 Matrimonial causes Act 1973

The list is there.

xiaojree · 18/06/2011 13:28

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xiaojdd · 19/06/2011 01:27

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xiaojwww · 20/06/2011 02:46

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shirleywurly · 06/07/2011 18:49

Hi again, thanks for input everone, have received a date for the final hearing, sol says I have to prepare a witness statement stating my issues concerning my ancilary relief claim. Has anybody got any ideas to help me bolster my case?
Thanks

OP posts:
Collaborate · 06/07/2011 20:12

Isn't your solicitor doing this for you?

shirleywurly · 07/07/2011 15:52

Hi Collaborate, the short answer is no! My solicitor only seems interested in being as vague as is possible and cashing the cheques, I did consider changing sols, but at this late stage and considering the 5k I have already thrown at this I thought it unwise. My sol has asked me to prepare a draft, then she will put it into the appropriate format. That is why I'm asking for any ideas that may help my case. What sort of things should I be including? I'm trying to not have too much contact with the sol because of the costs involved, and the fact that I never seem to get a straight answer from her.
Thanks

OP posts:
Collaborate · 07/07/2011 19:18

Just go through the s25 factors. I'd definitely change solicitors if I were you. Or better still instruct a barrister that takes clients direct. Babybarrister can point you in the right direction.

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