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Can I Legally Force My Ex to Sell Our Property?

By: Lorna Elliott LLB (hons), Barrister - Updated: 23 Sep 2017 |
 
Divorce Marital Home Solicitor Joint

Q.

Please can you let me know whether I can legally force my husband to sell our property, he has been very difficult and unco-operative. He is not paying enough of the mortgage which it has now gone into arrears. We have no children under the age of 23.

(B.G, 21 April 2009)

A.

I’m sorry to hear about your difficulties with your husband. This is obviously not a situation that should be allowed to continue because sooner or later the lender will start to ask questions about the arrears.

Seek Legal Advice

The answer to your question depends on numerous factors but I would advise you to see a solicitor as early as possible. The best way to do this in the first instance is to ask the Citizen’s Advice Bureau for a list of local solicitors who will be able to give you half an hours worth of free legal advice.

Separation/Divorce

I am unable to determine from your question as to whether you and your husband are still together and living in the same house. If you are separated it also may be sensible to seek advice from your lawyer about what would happen in the event that you divorced your husband (I assume you aren’t already divorced) and the way in which your shared assets and your home would be split.

If your relationship has broken down, and both of you own your home as ‘joint tenants’ the first thing you would need to do is sever the tenancy to make you ‘tenants in common.’ Your solicitor will be better placed to advise you on this.

Forcing the Sale

What I can tell you is that if you own your house jointly in a ‘trust for sale’ you may be able to force the sale of the property. This is done by applying for a court order that would in effect allow for the property to be sold, and would provide a timescale within which it should be sold.

What You Should Do

At this stage, you should make a note of the way in which your husband is being un-cooperative, and in as much detail as possible what he has done to get you into this situation. This will be very useful for your solicitor in the event that you do need to apply for a court order.

I really think it’s best that you go and seek legal advice straight away. Good luck.

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Finali- Your Question:
Hi thereMy husband and I separated at the beginning of this year due to his addiction to drugs and dv that I suffered. He promised to get help ans We tried to see if we could make it work for the sake of our son but my husband is still trying to control me and I can't see us ever getting back together permanently.A week ago he came round and said he wanted off the mortgage and that I had to take it over on my own. Unfortunately when we had our son I gave up my good job in order to be a full time mother so I now rely on benefits. I'm happy to get another job in order to take the mortgage in my name, but now my husband has again moved the goal posts and said that he will not remove his name from the deeds or pay the mortgage as its not what he wants as he wants us to be a family again. He also has said that my son and I could move out the house and go into social housing and he keep the family home.I have spoken to a solicitor who says I have the right to stay in the family home but my husband claims that is not the case and he can make me leave. Where do I stand? He's slowly wearing me down and all I want is what is best for my son.

Our Response:
Your ex cannot make you leave the house and neither can he legally take himself off the mortage, unless you can afford to buy him out. However, if your ex stops paying the mortgage, then the house will face repossession if you cannot afford to keep up the payments. However, if you get a job and can afford to take on the mortgage in six months or so, then if he does not consent to take his name off the mortgage if you can afford to buy him out, then you may have to take the matter to court. First and foremost, the court will always decide on what it thinks is in your child's best interests.
DivorceResource - 25-Sep-17 @ 3:22 PM
Hi there My husband and I separated at the beginning of this year due to his addiction to drugs and dv that I suffered. He promised to get help ans We tried to see if we could make it work for the sake of our son but my husband is still trying to control me and I can't see us ever getting back together permanently. A week ago he came round and said he wanted off the mortgage and that I had to take it over on my own. Unfortunately when we had our son I gave up my good job in order to be a full time mother so I now rely on benefits. I'm happy to get another job in order to take the mortgage in my name, but now my husband has again moved the goal posts and said that he will not remove his name from the deeds or pay the mortgage as its not what he wants as he wants us to be a family again. He also has said that my son and I could move out the house and go into social housing and he keep the family home. I have spoken to a solicitor who says I have the right to stay in the family home but my husband claims that is not the case and he can make me leave. Where do I stand? He's slowly wearing me down and all I want is what is best for my son.
Finali - 23-Sep-17 @ 7:52 AM
Andy - Your Question:
I separated from my wife for 5 years ago we have 2 kids together and a mortgage on a house, I haven't paid anything towards the mortgage for over a year now, I'm paying child maintenance, also buying clothes and giving pocket money to my kids. The kids are of education age, can you confirm if I could force the sale of our house which had a mortgage with equity of £50,000

Our Response:
If your ex is living in the house with your children, it is unlikely the court will force the sale. As in all cases, the court’s main concern is the welfare of the children in question. The court will always put the children’s best interests first and this main issue will determine the outcome of any application for an order. As a rule the court will opt for the least disruption possible, and allow your ex to stay in the hosue until your children have finished full-time education. However, you may wish to seek legal advice to see if you can negotiate a way around this matter.
DivorceResource - 21-Sep-17 @ 3:07 PM
I separated from my wife for 5 years ago we have 2 kids together and a mortgage on a house, I haven't paid anything towards the mortgage for over a year now, I'm paying child maintenance, also buying clothes and giving pocket money to my kids.The kids are of education age, can you confirm if I could force the sale of our house which had a mortgage with equity of £50,000
Andy - 20-Sep-17 @ 8:38 PM
Hawkeye - Your Question:
Hi I've been separated from my wife for 6 years and have a mortgage together. I haven't paid a penny to the mortgage since leaving because she moved her new boyfriend in just after. I have 1 child in the property still in education and pay maintance for him. But she has since gone on to have another baby with her new partner living in the property. Can I force a sale on the house or not. Plus she's letting the house run down in value as she isn't looking after it

Our Response:
You may wish to ask whether your wife and partner can buy you out. However, a court would not force your wife to sell until your child leaves full-time education. The courts will always opt for what is in the best interests of your child and keeping a roof over your child's head is considered most important. But, if you continue to not pay the mortgage, the less claim you will have on the house and you are also under a legal obligation to continue paying, so you may wish to speak to the mortgage company with regards to this. Also, you don't say whether there is any equity in it, as for future reference sometimes it's not worth chasing after it, if the equity is less than the amount it would cost to take the matter to court.
DivorceResource - 19-Sep-17 @ 2:46 PM
Bobg - Your Question:
My wife and our 19 year old daughter have just left me, it was a suprise to me, I think she just got bored of being married, I thought we were happily married, I am severly disabled as well as suffering from early stages of Altzhiemers, the mortgage is in joint names and there is about 2 years left on the mortgageCan she instist in having the property sold and effectively making me homeless, I am retired with only a state pension, no other income.

Our Response:
I am sorry to hear this. Much depends upon your wife and what she wishes to do. As you have been married for a good period of time, she can request that you sell the house and if you are both capable of coming to a mutual agreement it is always better and much less costly all round. If she requests this and you refuse, then she would have the option to suggest mediation or apply to the courts. If there is equity in the house, then she may wish to claim it in order to help finance her own life.
DivorceResource - 19-Sep-17 @ 2:26 PM
Debs - Your Question:
Hi. me and my 2 children left out home almost 20 years ago.we left with nothing.My name is still on the morgage.I have talked to him about selling but it's over my dead body.him and his know wife have asked me to remorgage as the house need repair. can I take him to court for my half the house or not. I know feel strong enough to do this. thanks

Our Response:
Much depends upon how long you were married. How much you put into the house financially and whether you continued to pay the mortgage after you separated. You would really need to seek legal advice in order to see whether you have a case to take it to court to force your ex to sell.
DivorceResource - 19-Sep-17 @ 11:10 AM
Hi... me and my 2 children left out home almost 20 years ago ...we left with nothing.My name is still on the morgage..I have talked to him about selling but it's over my dead body ..him and his know wife have asked me to remorgage as the house need repair .... can i take him to court for my half the house or not ... I know feel strong enough to do this .. thanks
Debs - 18-Sep-17 @ 8:19 PM
My wife and our 19 year old daughter have just left me, it was a suprise to me, I think she just got bored of being married, I thought we were happily married, I am severly disabled as well as suffering from early stages of Altzhiemers,the mortgage is in joint names and there is about 2 years left on the mortgage Can she instist in having the property sold and effectively making me homeless, I am retired with only a state pension, no other income.
Bobg - 17-Sep-17 @ 3:32 PM
Hi I've been separated from my wife for 6 years and have a mortgage together . I haven't paid a penny to the mortgage since leaving because she moved her new boyfriend in just after . I have 1 child in the property still in education and pay maintance for him . But she has since gone on to have another baby with her new partner living in the property . Can I force a sale on the house or not . Plus she's letting the house run down in value as she isn't looking after it
Hawkeye - 17-Sep-17 @ 12:10 PM
Geraldine - Your Question:
My estranged husband and I have been separated for nearly 3 years, we bought a house together 6 years before separating. His girlfriend moved in 9 months ago. He refuses to agree to selling as he doesn't want to move, there is 45k equity approx in house which he wouldn't have,had if I didn't put down 15k deposit. I appreciate as we were married unlikely for that to be considered and prepared to accept a 50/50 split. He cannot afford to take on mortgage so he says and his partner is registered disabled. I want free of mortgage and him, I live with my new partner in his house. I have held off on divorce as want a financial consent order in place to secure my money before divorcing. My partner is happy to make monthly payments to me so he doesn't have to move but will the court allow that and am I just being soft OR by allowing him 'some' time to make I think it is called occupational rent ? And setting a date for a buy out or a sale my equity would increase, as it has done in the past 3 years since I left. I am trying to form a plan to put in writing to the court for what is best for me.it's quite complex so any advice would be helpful plz

Our Response:
If your ex cannot afford to buy you out and refuses to move then you are stuck within the terms and conditions of the mortgage and would not be able to release yourself until the house was sold or he had the funds to officially buy you out. There is nothing to stop him stalling the process if he cannot find the funds in a few years. You don't say whether you are still contributing to the mortgage on your part either, which will have a bearing on your what you are entitled to down the line. Therefore, it would be worth you seeking professional legal advice in order to fully explore your options.
DivorceResource - 15-Sep-17 @ 12:53 PM
My estranged husband and I have been separated for nearly 3 years, we bought a house together 6 years before separating. His girlfriend moved in 9 months ago. He refuses to agree to selling as he doesn't want to move, there is 45k equity approx in house which he wouldn't have,had if I didn't put down 15k deposit. I appreciate as we were married unlikely for that to be considered and prepared to accept a 50/50 split. He cannot afford to take on mortgage so he says and his partner is registered disabled. I want free of mortgage and him, I live with my new partner in his house. I have held off on divorce as want a financial consent order in place to secure my money before divorcing. My partner is happy to make monthly payments to me so he doesn't have to move but will the court allow that and am I just being soft OR by allowing him 'some' time to make I think it is called occupational rent ? And setting a date for a buy out or a sale my equity would increase, as it has done in the past 3 years since I left. I am trying to form a plan to put in writing to the court for what is best for me ...it's quite complex so any advice would be helpful plz
Geraldine - 14-Sep-17 @ 11:32 AM
my husband is still on his ex wifes mortgage and home.they divorced 5 years ago and the judge awarded him the debts, and her and the children the house. she lives there with 2 children, and the youngest is 12. she pays the mortgage. we now want to buy our own home, but are unable as he is connected to her house and mortgage, and she keeps defaulting by making late payments. she says she is unable to take over the mortgage due to her income, but she is already paying it even though it is late sometimes.she lives off payday loans and other sharks.her credit is poor, and we have good credit. please advise how we can be disassociated from her?
frustrated - 12-Sep-17 @ 2:30 PM
Hi I have broken up with my partner, the mortgage is solely in my name but with both contributed to the deposit, I put more in. He has left and no longer paying the mortgage but has a financial interest in the property from the deposit and renovations that we both contributed to. Can I legally get the locks changed? As he is not paying mortgage or bills. I am in the prosess of sorting out money to pay him off
Deb - 9-Sep-17 @ 5:59 PM
Avvy - Your Question:
Hi please help I'm at my wits end been separated for 4 years we had to move out because he was a bully and emotional absuer to both me and my children aged 10 and 15 at the time we got a council house he still lives in tbe marital home has a really good income plus works loads of overtime only got a part settlement last year and now I have been asking him for tje rest but is refusing to give me any more until I sign over my half of the mortgage he decided what maintance I was getting along with settlement and is now trying to bully me into this hes never looked or helped look after the kids in 4 years plus during this time I went through breast cancer im so stressed by it all I did have a solicitor but during cancer treatment he closed my file and im in debt sorry long winded but just doesnt seem fair thanks for reading

Our Response:
I am sorry to hear this. If you have agreed a financial settlement with your ex and he is refusing to honour the settlement, your only recourse is to seek legal advice and/or apply through mediation to finalise the mutual agreement (perhaps simultaneously) and if he refuses, the courts. If you cannot afford legal advice, Citizens Advice may be able to help. I hope you manage to resolve this situation soon.
DivorceResource - 1-Sep-17 @ 10:06 AM
Hi please help I'm at my wits end been separated for 4 years we had to move out because he was a bully and emotional absuer to both me and my children aged 10 and 15 at the time we got a council house he still lives in tbe marital home has a really good income plus works loads of overtime only got a part settlement last year and now i have been asking him for tje rest but is refusing to give me any more until i sign over my half of the mortgage he decided what maintance i was getting along with settlement and is now trying to bully me into this hes never looked or helped look after the kids in 4 years plus during this time I went through breast cancer im so stressed by it all i did have a solicitor but during cancer treatment he closed my file and im in debt sorry long winded but just doesnt seem fair thanks for reading
Avvy - 31-Aug-17 @ 3:28 PM
Lloyd - Your Question:
Hi, my wife and I have been separated for 4 years, we have a son together (aged 14) and a 19 year old stepdaughter (hers from a previous relationship). I pay child maintenance each month as well as a few extras when needed.I have not lived in the house in that time, but have paid half the mortgage payments each month as well as upkeep and repairs etc on the house. The mortgage is in joint names. The mortgage is low at £120,000 and the house is worth £240,000 so a nice pot of equity. I now have a new partner and would like to start a fresh and have a house of my own as I have been renting all this time.My ex works part time and cannot get a mortgage of her own. We have agreed an equity split of 60:40 (in her favour) and I am not overly fussed about getting the equity as such, just being off the mortgage so that I can start a fresh / clean break.The ex partner states she wants exactly the same thing, but nothing ever goes anywhere. We should be divorce within the next few months (we didnt bother sorting straight away) so can have a financial order in place, but am unsure what it should say?My question is this:If I agree in a lower equity share, will a court grant an order to sell the house?Thanks in advanceLloyd

Our Response:
The mortgage company will not take your name of the mortgage unless your ex can afford to take the mortgage over and is eligible by the mortgage company to effectively buy you out. The court is unlikely to force the sale either while your son is in full-time education. Unfortunately, it puts you in a stalemate situation when attempting to move on. You may wish to seek some professional legal advice, but as it is you are stuck until such time as either your ex-wife agrees to sell up and so release you from the mortgage agreement, or you can force the sale through court once your youngest child leaves full-time education. We can't advise you what sort of a deal you should come to. However, your ex would have to agree to sell in order to release you personally from the mortgage agreement.
DivorceResource - 31-Aug-17 @ 1:00 PM
Hi, my wife and I have been separated for 4 years, we have a son together (aged 14) and a 19 year old stepdaughter (hers from a previous relationship).I pay child maintenance each month as well as a few extras when needed. I have not lived in the house in that time, but have paid half the mortgage payments each month as well as upkeep and repairs etc on the house.The mortgage is in joint names. The mortgage is low at £120,000 and the house is worth £240,000 so a nice pot of equity. I now have a new partner and would like to start a fresh and have a house of my own as I have been renting all this time. My ex works part time and cannot get a mortgage of her own.We have agreed an equity split of 60:40 (in her favour) and I am not overly fussed about getting the equity as such, just being off the mortgage so that i can start a fresh / clean break. The ex partner states she wants exactly the same thing, but nothing ever goes anywhere.We should be divorce within the next few months (we didnt bother sorting straight away) so can have a financial order in place, but am unsure what it should say? My question is this: If I agree in a lower equity share, will a court grant an order to sell the house? Thanks in advance Lloyd
Lloyd - 30-Aug-17 @ 11:26 AM
Moonshine - Your Question:
Hi there, I am about to start divorce proceedings against my abusive husband of many years. We have 2 adult children and one 11year old together. I want full custody of our youngest and I would also like to buy him out of the house if at all possible. I can prove his abuse including financial abuse over a period of over 10years. Will this make a difference to the main assets of the home. I really need a completely clean break and I would bet all that I have that he will do his best not to pay maintenance for the youngest child. Any advice would be appreciated.

Our Response:
Buying your husband out of the house should be and can be arranged between you either mutually, through mediation and/or through a solicitor. If you have the funds to buy your ex out of the house, then this should be put to him directly. In such a case where you cannot agree between yourselves regarding the financial division and/or who becomes the resident parent and which parent is awarded access, mediation may be the option for you. With regards to abuse you have received, if you take this matter to court (if your issues can't be resolved via mediation) it will be up to the court to decide what it thinks is in your child's best interests. However, the court will not punish your husband financially regarding this. Also, with regards to a 'clean break' - if you mean you do not wish your husband to have access to your child, then unless there is a very good reason why the court should refuse access, a court will, where it can allow your husband access to your child given you both have parental responsibility. The family finances and your ex's access to your child are two very separate areas and should not be confused.
DivorceResource - 29-Aug-17 @ 1:50 PM
Joe - Your Question:
Hi,I have a buy to let property but I am currently Seperated for last 5 months from my wife. She is living in the property with my two children. I have asked my solicitors to send a letter asking her to pay half or vacate so we can rent it. She has not responded. I can no longer afford the mortgage of the property and the one I am in. She is not working. I would like to force the sale as it is untenable and financially I can't cope any further. I would even be willing to go to arrears to force the sale. I have spoken to the bank and told them she is in the property and I can't rent it. They offered two months payment holiday but it won't make a difference as she has not changed her position in the last 5 months. We are probably heading towards divorce but in the mean time I can't afford this any longer. What are my options to force the sale? Both our names were on the property as joint mortgage. I live in London and the buy to let is in birmibgham.

Our Response:
If your ex has not responded, your only option may be to take the matter to court. However, please be aware that it is unlikely a court would force your ex and your children to vacate the property as through marriage it is jointly owned and therefore she has equal rights to stay there. As in all cases, the court’s main concern is the welfare of your children. The court will always put the their best interests first. It might be that the court would allow your ex and your children to stay in the property. It may even instruct you to continue paying the mortgage as part of child maintenance payments if your ex is not working and is the primary carer of your children. Therefore, you may wish to seek legal advice.
DivorceResource - 29-Aug-17 @ 11:59 AM
Hi there, I am about to start divorce proceedings against my abusive husband of many years. We have 2 adult children and one 11year old together. I want full custody of our youngest and I would also like to buy him out of the house if at all possible. I can prove his abuse including financial abuse over a period of over 10years. Will this make a difference to the main assets of the home. I really need a completely clean break and I would bet all that I have that he will do his best not to pay maintenance for the youngest child. Any advice would be appreciated.
Moonshine - 27-Aug-17 @ 5:55 PM
Hi, I have a buy to let property but I am currently Seperated for last 5 months from my wife. She is living in the property with my two children. I have asked my solicitors to send a letter asking her to pay half or vacate so we can rent it. She has not responded. I can no longer afford the mortgage of the property and the one I am in. She is not working. I would like to force the sale as it is untenable and financially I can't cope any further. I would even be willing to go to arrears to force the sale. I have spoken to the bank and told them she is in the property and I can't rent it. They offered two months payment holiday but it won't make a difference as she has not changed her position in the last 5 months. We are probably heading towards divorce but in the mean time I can't afford this any longer. What are my options to force the sale? Both our names were on the property as joint mortgage. I live in London and the buy to let is in birmibgham.
Joe - 27-Aug-17 @ 11:44 AM
Ssarah30 - Your Question:
EI dont know if anyone can help me im worried sick. Ive been separated almost 5 years from my ex. I bought the house soley in my name. We were together since 2002 separated from him 2013. Hes been living with his girlfriend the last 2 years. everything going great. I've got a new partner who ive been with nearly 4 years (he doesn't live with me) my new partner has done up the whole house with his money. made it a proper family home for me my 21year old and 13year old (hes my exs son) so im thinking as its almost 5 years I can divorce and hes cant contest it. am I right? Can he stake a claim on my house? Even though in our 10 years he just paid the council tax each month and I had to pay for everything else. im so worried. need advice please

Our Response:
Much depends upon when you bought the house and how long you were married for. If you were married for 10 years and lived in the house for this time, then your ex may have a small claim on your house regardless of what he put into the joint marital pot. The rule if you bought the house prior to marriage, it is considered a pre-marital asset. Therefore, the shorter the marriage, then less of a claim your ex would have on the house. Plus, if you put all the money into the house and have been paying the mortgage since, the less of a claim your ex will have. Plus, if you are bringing up his child, there is no way a court would force you to sell the house. From what you have said, it sounds as though you don't have an issue unless your ex wishes to take the matter to court to make a claim which will cost more in fees than anything else. Please also be aware that if your new partner has invested significantly into your property and you decide to live together, somewhere down the line he too could 'register and interest' based on his financial input and the work he has done.
DivorceResource - 25-Aug-17 @ 12:38 PM
e I dont know if anyone can help me im worried sick. Ive been separated almost 5 years from my ex. I bought the house soley in my name. We were together since 2002 separated from him 2013. Hes been living with his girlfriend the last 2 years.. everything going great.. I've got a new partner who ive been with nearly 4 years (he doesn't live with me) my new partner has done up the whole house with his money.. made it a proper family home for me my 21year old and 13year old (hes my exs son) so im thinking as its almost 5 years i can divorce and hes cant contest it.. am i right? Can he stake a claim on my house? Even though in our 10 years he just paid the council tax each month and i had to pay for everything else.. im so worried.. need advice please
Ssarah30 - 24-Aug-17 @ 6:42 PM
Brownie - Your Question:
My Partner lives with her 4 children 12 14 18 19 ,she pays the mortgage and everything else ,she receives £13.00 per month from her ex.He is refusing to let her sell the house even though she is willing to split the monies, he likes the control, she has tried divorcing him because of his violent behaviour but because she doesn't know where he lives and recent communication is through his sister the judge want grant a divorce because he has not responded.they will move in with me but she doesn't want to leave the house empty.

Our Response:
Your partner would have to apply to court. The court can force the sale and demand her ex signs the release, especially if he is refusing the sale to be awkward and does not wish to buy her out.
DivorceResource - 24-Aug-17 @ 2:23 PM
Pot - Your Question:
My new partners ex wife of 4 years still expects him yo pay the mortgage in joint names. They are 2 grown up children of 22 and 23 still at the house and it has been brought to his attention the daughter is also pregnant and he thinks the daughters boyfriend is also living at the house. He us happy to give her the house but there is still a mortgage of £30k which she can not take in her sole name due to not working. We would like to purchase a home together but are stuck as he still has this mortgage. Any advice please

Our Response:
As your partner's children are now classed as adults, he can force the sale of the home through court if he wishes to extract himself from the mortgage and his ex will not agree to sell. Otherwise, if his ex or another resident living there cannot buy him out, he will be attached to the mortgage until the mortgage is either paid off or the house sold.
DivorceResource - 22-Aug-17 @ 11:10 AM
My Partner lives with her 4 children 12 14 18 19 ,she pays the mortgage and everything else ,she receives £13.00 per month from her ex. He is refusing to let her sell the house even though she is willing to split the monies, he likes the control, she has tried divorcing him because of his violent behaviour but because she doesn't know where he lives and recent communication is through his sister the judge want grant a divorce becausehe has not responded. they will move in with me but she doesn't want to leave the house empty.
Brownie - 22-Aug-17 @ 11:00 AM
My new partners ex wife of 4 years still expects him yo pay the mortgage in joint names. They are 2 grown up children of 22 and 23 still at the house and it has been brought to his attention the daughter is also pregnant and he thinks the daughters boyfriend is also living at the house. He us happy to give her the house but there is still a mortgage of £30k which she can not take in her sole name due to not working. We would like to purchase a home together but are stuck as he still has this mortgage. Any advice please
Pot - 21-Aug-17 @ 3:28 PM
My wife and I divorced 13 years ago with no dissolution of assets as she wouldn't reply to solicitors letters or attempt to sort out in any way.She has continued to pay the mortgage. I tried again to solve this in 1997 but again, she would not respond in any way whatsoever although there is now a severance order on the property. Both children have left home now and have homes of their own. My question is.... am I entitled to anything on the property and is there any way she can be encouraged to respond?
Sherbert - 13-Aug-17 @ 8:30 PM
Jo - Your Question:
My husbands ex wife has recently taken him back to court to enforce the sale of my husbands home so that she can get her settlement. I live in my husbands home with our 2 year old but I also have four children from previous who live with us too. Neither myself nor my children have been taken into any consideration and I don't know where I stand with my children. Any guidance would be very muchly appreciated.

Our Response:
You don't say what the result of the case was. It is very difficult for us to advise on such a situation as it depends upon the circumstances. However, if your husband's wife jointly- owns the house, or if the marriage has been long and therefore she is entitled to a share, then she is entitled to apply to court in a bid to release her equity.
DivorceResource - 1-Aug-17 @ 4:03 PM
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