My sister's relationship has deteriorated to the point of no return, what are her rights re her flat?

[Enid]

Her marriage well and truly ended last night when her h pinned her down on the sofa and screamed at her you are a c* over and over again.

Nice behaviour - lots more like it and IMO it won't be long before he punches her.

anyway, they jointly own their flat - he has moved out (temporarily he thinks), she wants to sell the flat and seperate but obviously he can refuse to sell it - is there anyway out of it for her?

My niece is only 18 months this is all so horrible

Presumably she will be seeking a divorce based on his unreasonable behaviour? If so, the question of the property can be dealt with within those proceedings. If he refuses to cooperate the court can order the sale and have documents signed on his behalf.

If she doesn't want to divorce, then she can always simply seek an order for sale through the courts.

bloody hell enid. I'd change the locks if I was her. my SIL has had a terrible time getting her ex out of their house, I hope someone can come up with some concrete advice for you soon (a friend who works at CAB has lots of queries like this, and she's an ex-lawyer so I'm sure they're pretty good too, could she phone for an appt with them?)
xxxxx

she doesnt really know what she is doing tbh

she has no money for a solicitor she says

do you need cash to seek a divorce? (she does want a divorce btw)

Oh bugger enid

Don't have any advice. She sounds like she is at risk of further attack though, so she does need to change locks/contact police?

how can she prove this unresonable behaviour? isnt it just her word against his?

although she rang my dad in panic and her h called my dad an 'f'ing idiot - your wife is an alcoholic (mum used to be, she has been teetoal for years, your other daughter (me) hates you and your son is a junkie (true but he is clean now)'

I hate him

but she keeps saying 'I hope he does hit me then it makes everything easier'

have told her over and over again that things are easy NOW

is that not illegal though as he owns half the house?

can't she get legal aid?

oh I dont know

I DONT KNOW ANYTHING ABOUT DIVORCE

am sick and tired of being the one that has to sort everything out for everyone

why am I expected to know these things???

I see what she means though Enid - if he hit her the police would be called, and various things would be done to keep him away from her (without it costing her money in solicitors etc).

I am NOT suggesting for a moment that its okay for him to do so. She must be really at the end of her tether to think that

He sounds like a total twunt.

ok.
lots of links here, though it's more about relationships than the actual divoce stuff - there are links to solicitors, cab etc

lock him out, make him be the one to pay for a lawyer to get back in.
She is entitled on unreasonable violent behavious to keep him out of the hosue and stay there with the child.
She should speak to the police liaison asap for advice. Get it on record so she knows her rights, he can be cautioned to stay away for now, without being charged but so he knows it is serious and final and NOt to go near her

divorce.co.uk
click on legal/financial
then england/wales
then divorce/separation
then immediate concerns - includes what to do about property even if it's not in your name

brill

thanks you lot