Can he refuse to get divorced?

[Bubblesandcake]

Separated 8 years ago. I have paid the mortgage alone since. I have been studying so not able to afford the divorce. It was started but not completed. He is demanding I sell the property and split it 70/30. My solicitor said it will probably go 60/40 anyway but I can stay in the home until my youngest (11) is 18. I really don't want to, my plan is to move and go it alone but need to be in employment for 6 months (start new job in april next year). He will not come to a decision regarding finances unless I sell NOW! I have nowhere to go right now. He does not care, he has told me to rent! I said I can't uproot the girls when I'm so close to being able to take on a mortgage alone. He said well unfortunately that's divorce it uproots everyone including kids so we will have to stay married.
I have struggled for 8 years to be able to work in a job where I can afford a mortgage. Can he do this?

Why would his refusing a divorce stop you getting a house though?

It's our house, he's still on the mortgage. We are trying to come up with a plan regarding equity/buying him out. Then divorce can be finalised but if I don't do what he wants he has said we will stay married then!

My ex refused s divorce!

I had to prove he had knowledges he had received the papers and pay a solicitor £5 ( this was in 2003) to sign a form to say he had seen the acknowledgment (it was a text)

Then the divorce went ahead. No mortgage in our case to complicate it though

I am of the understanding that after 2 years separation you can choose to divorce him. I may be wrong and perhaps other posters can be more helpful.

But the sale of the house will come up in the proceedings I imagine and you need to get the mortgage sorted and the finances to buy him out in preparation, then I am pretty sure you can divorce him

He clearly isn't going to go easily so just wait a bit longer make sure you have all the evidence in place for a 5 yr no fault, be clear he has not been living there and make sure you have clear evidence of fully paying the mortgage for however long and get a good solicitor and hit him hard and fast and make sure the solo mortgage payments are taken into account. He clearly isn't going to move things along so I would get it to NISI then wait til it suits you and get it sold in the spring/summer etc. It is also going to cost so stash away as much as you can.

I thoyught it was 5 years for no fault?

sorry - posted too soon - 5 years no fault without consent?

My first husband refused to sign despite being served with divorce papers twice. The solicitor then said the divorce could still go ahead because he wasn't cooperating. It took a year in total because of that but it all went through ok.

As some of the others have said you can serve him papers, this way even if he doesn't sign them there is still proof that he received them. That is usually enough proof to start proceedings.

Also if you've been separated for over 2 years then you can apply for divorce on those grounds too.

He can refuse all he wants to sign the papers but the courts can still proceed without his actual signature.

Speak to your solicitor.

Good luck

It’s two years with consent, five years without consent. He could drag his heels and delay the financial matters which might mean the judge refuses to grant the decree absolute until financial matters are sorted but he won’t be able to do that indefinitely.

Thankyou everyone :)