House sale/divorce

[rusholmemuffins]

Also posted in relationships and Property:

Divorcing husband. I'm still living in the house with my children. I'm in a new relationship and want to move in with new partner. I wanted a quick sale and have agreed a price. STBXH has found out that I have agreed the sale. He wants more money and is kicking off, saying I should have asked for me and that he'll stop the sale. Can he do this?

If the house is in joint names he has to agree to the sale.

Yes he can. Who is currently playing the mortgage

We're both on the mortgage and both paying.

He says that he wants to move back in after I've moved out and live there until the mortgage term ends. Can he?

Yes he can move back in. He has as much right to live there as you. However, the house will be one of the assets to be split between you in the financial settlement. Whether he will be able to continue to live there longer term depends on the settlement. If there is enough money in the pot to give you a fair share without selling the house he will be able to keep it provided he can pay the mortgage on his own.