Can ex husband force me to sell family home?

[Deadsouls]

I am consulting a solicitor but I feel
so sick with worry, stress at the moment that I’m asking on here if anyone has any knowledge of this.

To encapsulate: ex-husband wants me to sell the family home in order to get money, around 25% of the equity. He did not put any money into the property when we bought it, all the money was put in by myself from the sale of a flat and by a gift from my parents. We have two children of 11 and almost 8. He does pay maintenance. He doesn’t earn very much money but has savings of £188,000 (from inheritance).

I accept that he is entitled to a share of the house by law, however he also wants to me to sell the house imminently, when I would like the option to stay in the house until the youngest finishes education at 18.

He says he will take me to court and try to get 50% if I don’t agree to selling the house. The reason I want to stay put for now are that the children’s schools are nearby, they have grown up here, they have a life here. I would not be able to afford a comparable property with the money left over. I also would like the stay here so I can can get back on my feet and find steady employment to support us all. I have been suffering emotionally and need to feel steady before undertaking the sale of a house and all that entails.

I understand that by law ex husband is entitled to a share of assets. However, would a court take into account that he did put any money towards the property to begin with, he does not pay towards the mortgage currently, he has considerable cash savings of £188,000.
I am the primary carer and also bear the financial responsibility overall for the children.

Ex husband seems convinced that he could go to court and get 50% and that this is why I should agree to sell the house as his offer is a good one.

Would a court take into account that this is the children’s family Home, near their schools and friends etc?

Do they take into account the initial contributions at the purchase of the property?

Ex-husband does not seem to care about the stability or continuity of the children’s home environment. He just wants the money.
At present due to my employment situation I am unable to buy him out.

I’m No legal expert but from what I understand a starting point is a 50/50 split if ALL assets, that would include the house , his savings (plus yours if you have any), and anything else of value inc pensions. BUT it’s unlikely a judge would force a sale of the family home until your youngest is at least 18.

Speak to your solicitor, I’m guessing mediation would be the starting point to agree the division of assets.

Starting point on all joint assets is 50:50 but is altered to take into account mortgage raising capabilities and other factors such as your age.

If he has savings and a income can he realistically afford to buy a new home without the 25%?

In my experience after a medium or long marriage the source of cash for buying the property isn't considered..I lost out due to this.Painful but the "cost" of marriage.

Are there pensions and have these been valued?
It could be his savings plus pensions equal equity in the house but you need to list all the assets.

What could happen to the house is complex because there are many factors, if you are not over housed (i.e 3 bed instead of 5 bed), have limited mortgage raising abilities (due to ill health) and there are reasonable assets elsewhere you may get a larger than 50:50 share.
Mesher orders are rare as court prefer clean breaks rather than financial ties for 10years post divorce but not impossible and due to house prices they were increasing, after being out of favour.

Don't dismiss moving, it can be beneficial if it enables you to start afresh.Scary now but could work in 6 months.Have you had the house valued?
Courts will expect you to earn an income, certainly within 2-3 years so be realistic about your likely earnings.

Lastly, don't agree a deal without getting legal input.
You could try mediation but you will need to feel he is being open with finances.

It always feel scary when the enormity of divorce hits but everyone does survive and most women thrive..certainly emotionally after divorce.
I am 18months down the line and now feel positive about my future.

I believe that his savings would also be taken into account as a joint asset? Is there a reason you see this as seperate to the other finances?

Too little information to advise either way. Needs are important here so it’s wrong to be certain he’d be able to get something out of the house, especially considering you put all the original equity in, your need to house the children, and his own inheritance. Your solicitor is best placed to advise.

Are you still married or did you have a financial agreement set up when you seperated?

If you didn't sort your finances previously, then you both need to fill in a financial disclosure form. This will ask for a years worth of all bank accounts, pension valuations etc.

It will also want details of any assets i.e cars, property and any individual items worth over £1000 at re-sale value.

You'll also put down your salary and living costs.

From there you start negotiating.....

Assuming you are England not scotland first of all work out equity in house less mortgage, add his £188k savings and any other assets - ignore pensions for now. Divided by half but you may well get more as you earn less and are at home. Say yo get 60% of the joint net assets - depends how much more equity there is than his £188k savings.

Did your parents make a loan or a gift when you bougt the house? If a loan then that is ignored and they get that back or let you keep it.
Unless the house is very valuable indeed it is unliikely you will have to sell it.

His £188000 I think is taken into account when splitting.

As a starting point he might be entitled to 50% of the house but equally you would be entitled to 50% of £188000

If you are in Scotland inheritance does not count as martail assists. Otherwise it does count towards the total pool they also do take earning powet into account despite if your primary carer if you earn far more then him he might get more then 50%

Its interesting he wants half of the house (if you don't agree to his terms) yet doesn't see his 188,000 as anything to do with you.

Perhaps you could mention that to him. "So that's half the house, half your savings and a decent maintenance package, well could be quite good for me"

The break ups within our family have always been house not sold until children were 18.

As others have said, both of your assets are taken into account. A solicitor, including his, will know the facts.