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Can I Legally Force My Ex to Sell Our Property?

By: Lorna Elliott LLB (hons), Barrister - Updated: 14 Nov 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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My ex and I own the house she lives in. She now has a guy living in the house and I still pay my half of the mortgage. Am I able to move back in the house regardless of their relationship. I live in my rundown property and don’t have the cash to pay bills and fix up the property. So would I be able to move back in our house without getting into trouble to help save money.
Tracey - 14-Nov-17 @ 12:37 PM
Neil - Your Question:
Hi, I have been separated and divorced for nearly 9 years and have 2 children 9 & 13. I am still on the mortgage with my ex wife. I have asked numerous times for her to buy me out or sell as there is around £50k in equity. I haven't paid toward the mortgage for 8 and half years but we put £35k down as deposit. can I force a sale as I have another child who I want to provide a house for as well as my other 2 children. I am stuck at my parents not being able to get back on the property ladder.

Our Response:
It's unlikely a court would force your ex to sell while you have two children in full-time education. Once your children reach age 18 and leave education, then you should be able to force the sale. However, unfortunately taking it to court will cost.
DivorceResource - 14-Nov-17 @ 12:09 PM
My husband split with his ex partner almost 3 years ago. She is still on the mortgage as a tenant in common. My husbands father died In a tragic factory incident where he was dragged into a tarmac making machine and killed instantly, which is how they had the funds to put a deposit down on a house. He took her to america twice for £10 grand a piece and when she went on maternity leave he transferred her £8,000 to cover the bills she would be paying she only actually paid for bills in the house for 9-12 months and he has paid the bills for the last 3 years on his own. She left said she didn’t love him any more. Moved out and within a month had moved in with one of his best friends. At the time she said she only wanted £3,000-£5000 to have her name taken off the mortgage. Now she wants £10,000 he could only get £7000 and offered her that. She is now trying to make him sell the house. I have 2 questions Can she do that with mine and his 5 month old daughter living here. And Is she entitled to half of everything INCLUDING the £8250 deposit he put down which came from a payout after his fathers death.
Kayleigh3283 - 13-Nov-17 @ 1:20 PM
Hi, I have been separated and divorced for nearly 9 years and have 2 children 9 & 13. I am still on the mortgage with my ex wife. I have asked numerous times for her to buy me out or sell as there is around £50k in equity. I haven't paid toward the mortgage for 8 and half years but we put £35k down as deposit. can I force a sale as I have another child who I want to provide a house for as well as my other 2 children. I am stuck at my parents not being able to get back on the property ladder.
Neil - 13-Nov-17 @ 10:32 AM
Hello, I bought with my ex-partner in 2007 (a month before the credit crunch) and we split in 2008. The mortgage is currently still in both of our names. We originally could not sell the property as it dropped so much in value during the credit crunch and neither of us could take on the debt. He paid most of the bills when we lived together as he earned more so this was agreed. However he put a computer on credit in my name and then stopped paying it so my credit rating was badly damaged and I had to pay this off and have been working hard to repair my credit rating since. The property was rented to his friends and then myself and my new partner moved in. He agreed at that point (2011) that I would pay the mortgage then and he wanted to be removed from it. I applied but did not earn enough and had a bad credit rating. I have applied a few times. I am also freelance so although I now earn a good wage, I don't look very reliable on paper. Event hough I have maintained the payments for over 6 years not he mortgage. He wants to buy a house with his new wife which is understandable and therefore is trying to force the property to be put in my name or be sold. if the mortgage provider won't change it in my name this time (which is currently applied for). Then what can I do? I don't want to buy him out because he hasn't paid anything for the property but says that I should have been paying him rent when I lived there. We now rent elsewhere and the property is rented through an agency to tenants. they have 10 months on their tenancy agreement which my ex is aware of and signed the consent to let with the mortgage provider. He has said I have until january to get it into my name or it will go to court to sell. But there are tenants in there. can he kick them out to sell when their tenancy agreement is for another 10 months? Is he entitled to 50% of equity if we are both on the mortgage and he hasn't contributed to the mortgage or upkeep of the house for 6 years, even when I lived there?
leslieknope - 6-Nov-17 @ 11:38 AM
naz - Your Question:
I have a court order in place on my property that I was able to buy after the divorce to house my children until the youngest reach 18. They were then entitled to a small share of the equity. However I now have a progressive illness and bad credit would I still be able to stay in the property past the expiry date of the court order? I will still house my youngest and one other as they still live with me. I have paid the mortgage on the house on my own as it is in my name for the last 15 years.The children all say they dont want the share yet. This will make me homeless if I have to sell and my two children. Unable to get new mortgage age and credit.

Our Response:
Much depends upon whether your ex or your children wish to force the issue. The current arrangement can stand until either your children or your ex decides whether you should honour the court order once it reaches its term. In order to challenge this, your only option then would be to refer the matter back to court, if you think you have a case to remain in the property.
DivorceResource - 6-Nov-17 @ 9:59 AM
I have a court order in place on my property that i was able to buy after the divorce to house mychildren until the youngest reach 18.They were then entitled to a small share of the equity.However I now have a progressive illness and bad credit would i still be able to stay in the property past the expiry date of the court order?I will still house my youngest and one other as they still live with me.I have paid the mortgage on the house on my own as it is in my name for the last 15 years. The children all say they dont want the share yet.This will make me homeless if i have to sell and my two children.Unable to get new mortgage age and credit.
naz - 5-Nov-17 @ 11:16 AM
Scorpio - Your Question:
Hi me and my wife on and off 27 years together.we have two boys age 20 and 25 both working and living with us.2015 I try to bussines partner with someone didn't work out!!I had to much pressure from work end up emergency hospital.i have been diagnosed BIPOLAR MANIC ATTACK. I stayed mental hospital 6 weeks.when I came out it was to much pressure whole family.My wife try to support me much as she can.One day she want to separeta she said.I went to overseas 3 monhts holiday.When I came back nothing change.I told her just sell the house the money you and me put as depozit take it out.She doesn't want sell house try to buy my share with my son.I have been here 27 years I don't have any saving in my life.I try to do wright things for my self and my family too.Please give me some advice what we can do?Thanks

Our Response:
Unless you decide to take the matter to court, then there is no way you can force your wiffe to sell. So, unless you can come to an agreement or file for a divorce, you are unfortunately in a stalemate position. Discussing your options with her directly may help, especially if each of you refuse to move out and you need to come to a decision of sorts.
DivorceResource - 10-Oct-17 @ 2:42 PM
Hi me and my wife on and off 27 years together.we have two boys age 20 and 25 both working and living with us. 2015 i try to bussines partner with someone didn't work out!! I had to much pressure from work end up emergency hospital.i have been diagnosed BIPOLAR MANIC ATTACK. I stayed mental hospital 6 weeks.when i came out it was to much pressure whole family.My wife try to support me much as she can.One day she want to separeta she said.I went to overseas 3 monhts holiday. When i came back nothing change. I told her just sell the house the money you and me put as depozit take it out.She doesn't want sell house try to buy my share with my son.I have been here 27 years i don't have any saving in my life.I try to do wright things for my self and my family too. Please give me some advice what we can do? Thanks
Scorpio - 7-Oct-17 @ 10:49 PM
deg1965- Your Question:
Hi there, me and my ex wife seperated over 3 years ago and have been divorced for over 1 year. My children we're turned against me and have refused contact with me for over 2 years. So as not two affect my son's education I decided he could stay with his mother in the house till he left for university at 18, I moved back with my aged mother, who happens to live next door to my ex, I detest a Sunday when I'm blanked, there's no worse feeling when you find yourself having to look away rather than being hurt again. I'm going through court proceedings at the moment to try and put in place an order to force the sale of the house next September, there is no mortgage and there is more than enough equity in the house to provide two decent houses from the sale, my ex buries her head in the sand, doesn't want to know, she lives in a 5 bedroom house while I live with my mother, can the courts take thing's out of her hands and put an order in place. There are no other assets, cash ,pensions to discuss so I'm hoping for a 50/50 split.

Our Response:
The courts can order this, yes. The fact you separated only three years ago should allow you an equal financial split. The only suggestion I do recommend is to request a time limit is put on selling the house. You'd be surprised at the tricks some people will go to in order to stall the sale, such as putting off potential buyers etc.
DivorceResource - 5-Oct-17 @ 3:42 PM
hi there, me and my ex wife seperated over 3 years ago and have been divorced for over 1 year. My children we're turned against me and have refused contact with me for over 2 years. So as not two affect my son's education I decided he could stay with his mother in the house till he left for university at 18, I moved back with my aged mother, who happens to live next door to my ex, I detest a Sunday when I'm blanked, there's no worse feeling when you find yourself having to look away rather than being hurt again. I'm going through court proceedings at the moment to try and put in place an order to force the sale of the house next September, there is no mortgage and there is more than enough equity in the house to provide two decent houses from the sale, my ex buries her head in the sand, doesn't want to know, she lives in a 5 bedroom house while I live with my mother, can the courts take thing's out of her hands and put an order in place. There are no other assets, cash ,pensions to discuss so I'm hoping for a 50/50 split.
deg1965 - 4-Oct-17 @ 7:51 PM
@Digler - absolutely, I feel your pain here. Have you thought of asking your wife to write a will with you jointly? Or do a pre-nup? You can't force your ex to sell the house - but you can ask her to make sure your daughter is financially provided for if anything happens to her.
Al78 - 29-Sep-17 @ 1:58 PM
Hi all just need a bit of advice, me and my ex partner split up 10 months ago we have a daughter together. We brought a house together only a few months before he attacked me. We are tenant's in common and he want to just buy my share out although he has paid the mortgage that was always agreedo from the beginning as I was the home maker and bringing up our daughter. I have since paid all the utility bills and pay for everything else as he only pay child maintenance£2 per day. Apparently his solicitor has said if the court Only says I will only get what I put in I will have to pay all my ex partners fees of over £10,000 pounds is this true? Also if I expect this offer he wants me and our daughter out in 28days of receiving the money. I will have to relocate miles away to buy a property out right as I will never get a mortgage. Please if anyone can give me some advice it would greatly appreciated
Babe - 29-Sep-17 @ 10:38 AM
Hi, me and my ex wife split and consequently divorced 5 years ago. At the time, we came to an agreement that if she couldn't release me from the financial tie of the mortgage within 3 years, by getting someone else to cover my obligation, then the house would be sold, the equity split and that would be the end of it. I agreed at the time of the split to move out of the house, because I didn't want the extra upheaval, for my then young daughter. My ex did roughly 2 years after I left, pay me a lump sum of the equity, but couldn't release me from the mortgage tie. My ex in the following year, became Ill with breast cancer, and consequently claimed on the life insurance on the mortgage....and I understand the payout was substantial enough to pay the entire mortgage off outright. She then came forward with the paperwork, asking me to sign the house over to herself and her now fiance. I refused to do this, on the reasoning that if I did so, her soon to be husband would be entitled to half the house, if they should inevitably split, leaving my daughter with even less of an inheritance. My question is, can I force my ex to sell the house, now that she is re-marrying? I'm not after any personal financial gain from the sale, but do want to secure my daughters right to the house, and without sounding harsh, as her mother has been terminally Ill, I just don't want the fiance to claim half, or even all of the house if they were to marry, especially as i worked so hard for 18 years to buy a comfortable family home, and then he can just walk away with it. I've read that a postponed sale is an option in the event of children big involved.....until they finish education, or the ex re-marries? Appreciate any advice.
Digler - 28-Sep-17 @ 10:26 PM
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
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