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Original poster

Divorce - keeping the house?

16 replies

Inca22 · 08/10/2023 23:15

If I can afford to buy him out (our children are adults - one at uni who still needs space here) can he force a sale? I want to keep the house but he's hell bent on kicking me out and says the judge will make it happen.

OP posts:
Bromptotoo · 09/10/2023 00:51

Professional advice needed I think.

lljkk · 09/10/2023 03:26

why would he force you out if you can afford to buy him out?
Do you want to buy it for under market rate?

Original poster
Inca22 · 09/10/2023 06:58

He wants to be vindictive because he knows the house means something to me

OP posts:
prh47bridge · 09/10/2023 09:33

You need to see a solicitor. It depends on the full financial settlement. If the only way for him to receive a fair share of the assets is to sell the house, he will be able to force a sale. If he can receive a fair share without selling the house, you may be able to keep it.

TizerorFizz · 11/10/2023 00:41

You might be able to “trade” something to keep the house if you are a bit short of money to buy it outright. All finances are on the table.

Original poster
Inca22 · 11/10/2023 06:31

Thanks but I won't be short. He just wants me out of the house, regardless of the fact I can pay him his fair share. I just wanted to know if he can ask the judge to still force me to leave regardless.

OP posts:
sparklefresh · 11/10/2023 06:48

Take legal advice.

ErcolSofa · 11/10/2023 06:55

Have you also taken pensions into account?

greenspaces4peace · 11/10/2023 07:05

Sell but hire a solicitor to buy it on your behalf.

prh47bridge · 11/10/2023 07:15

greenspaces4peace · 11/10/2023 07:05

Sell but hire a solicitor to buy it on your behalf.

In what way does that help?

He can't force the house to be sold purely out of vindictiveness. He can only force a sale if it is necessary so that he can receive his fair share of the assets.

Daffodil18 · 11/10/2023 07:23

What a horrible person he is. You buying him out would make life easier for him. I’d be grateful he was going to be out of my life for good. Have the DCs not had a word with him seeing as they are adults. If I were them I’d never speak to him again if he wanted to do this out of spite.

Theunamedcat · 11/10/2023 07:27

I dont think he can prevent you from buying him out at full market rate

Twiglets1 · 11/10/2023 07:30

A friend of mine kept the house in the mortgage settlement but in exchange had to give up her rights to a share in her husband’s pension.

You both need solicitors to come up with a financial arrangement that is hopefully fair.

gotomomo · 11/10/2023 07:31

No, a judge can force him to sell to you

TizerorFizz · 11/10/2023 09:07

The house needs to be looked at along with all finances belonging to both parties. Not as a single entity. If you can afford to buy him out at a fair price, then this offer is on the table as part of the financial settlement. If you have to go to court, make sure you get a strong advocate for your case.

ConfessionsOfAMumDramaQueen · 11/10/2023 15:49

As long as you're willing to buy him out fairly I'd think you'd get first refusal. Judge would just think he's being a twat.

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