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Can Husband Force Me to Sell Our Home?

By: Emma Jones - Updated: 10 Feb 2017 | comments*Discuss
 
Can Husband Force Me To Sell Our Home?

Q.

My husband and I are splitting up. We own our house outright and have no mortgage on it. I haven't the finances to buy him out of it. He earns £3500 a month and I earn £840 a month. I raised his kids for 12 years while he kept the child allowance. At the time we equally shared all the bills. Can he make me sell the house to give him his share of the equity?

(A.C, 10 July 2009)

A.

When you are going through a break up from a long term partner there is always much more than the emotional turmoil to deal with. The practical issues can really weigh on your mind and trying to split assets and money is never a pleasant experience.

The Marital Home

If both of your names are on the papers then your husband cannot make you sell the house without your agreement at this time. The courts can give an order forcing you to sell up if your husband goes down this route or as part of a divorce settlement. However, if you are living there with your children then he will have to be able to show good reason why you should do this.

If all his money is tied up in the house for example, then he may be able to convince a court that he needs to sell the house in order to live.

You mention that he earns more than you and that you shared the bills throughout your marriage. How you managed your money within your marriage bares no relevance to your legal standing and you have as much right to the homes as he does.

If your children are still of school age then your husband will need to pay you child support to help you be able to afford to raise them and the courts will take their welfare into account when deciding on the home.

Have you sat down and talked your husband about this? It won’t be an easy conversation to have as there will no doubt be a lot of emotion and resentment on both sides. However, if you can discuss the situation in a mature manner you may find that you can come to an agreement that you are both happy with.

As there is no mortgage on the property you do not need to worry about splitting the payments so the arrangement may be simpler. Another thing you need to do is to consult a lawyer so that you are clear of exactly where you stand legally and are able to talk to your husband in an informed way about what your options are.

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Hi so me and partner are separating. He told me I can buy him out as he can't afford the morgage. We had three valuations including one from the morgage lender. 197000. 190000and 195000.I offered 195000. He said no and wants on the market to try make more money.Can I force him to accept my buy out?
Tjtommy - 16-Jan-17 @ 9:03 PM
Kel - Your Question:
Our house was in negative equity when we split and behind with the mortgage. I paid off the arrears which took me two years now house has got equity he has demanded it be sold and half the profit. The mortgage is in both our names but he has never paid anything at all since he left. I had to leave the house because he had a court order not to come near me as he was violent he left a week later and I went back and staeyed We have no children can he make me sell and claim half the equity. I paid all arrears on my own and kept paying mortgage on my ow which I can prove.

Our Response:
If there is a dispute, you would have to either seek legal advice or take the matter to arbitration. The contributions you have both made with regards to the finances will be assessed as well as your co-ownership of the house. If you cannot buy your ex out, you may be forced to sell dependent upon the amount your ex is considered to be owed.
RelationshipExpert - 9-Dec-16 @ 2:40 PM
Our house was in negative equity when we split and behind with the mortgage. I paid off the arrearswhich took me two years now house has got equity he has demanded it be sold and half the profit. The mortgage is in both our names but he has never paid anything at all since he left. I had to leave the house because he had a court order not to come near me as he was violent he left a week later and I went back and staeyed We have no children can he make me sell and claim half the equity. I paid all arrears on my own and kept paying mortgage on my ow which I can prove.
Kel - 3-Dec-16 @ 2:55 PM
Me and my wife have recently separated. We've been married just over 4 years. There are 2 children involved. One who she came into the relationship with and my son whom we had together. I am the only person on the mortgage and and my wife hasn't worked so has not contributed anything. She wants to keep the house and has made false allegations to the police and had an injunction against me stopping me being at my property. My question is can I force a sale as I no longer want to be there or married to her. She has always told me she would stay in the house while I pay for it until my son is 18. As I cannot move on. Rebuy a property and only have equity in my property what can I do ?
Whatamigoingtodo - 23-Nov-16 @ 1:12 PM
My wife walked out 8 weeks ago and took the kids to her mothers. She has decided that she wants a divorce and to go our seperate ways. I work 4 on 4 off so we have been sharing care of the children 2 and 12 almost equally. Her mums is a big house, she has a room and so do the kids. She says i can buy her out or sell up because she wants her share. I have no chance of borrowing enough to buy her out. I know with us both being on the mortgage she cant force me to sell either. She earns about £700 a month and I have been giving her as much for years. if i sell, which i dont want to because it is the kids home, then i walk away with a deposit. If i dont can she get a court to give her the house and I be left with nothing until they are 18? she cant afford or get a mortgage for it, could i be forced to cover that too?
me - 5-Nov-16 @ 12:22 AM
Maik - Your Question:
My ex wife want sell my house the mortgage is only my name and we divorce in 2010 she make court order to sell house but I live with wife and a child 7 year old and my disabled mother over 75 year old Can she make sell it by court she never make eny payments and she been married now 4 years now plz let me know

Our Response:
It is unlikely the court will make you sell the house if you are the resident parent of yours and your ex's child. However, much depends upon how long you had been married, whether you owned the house prior to marriage, whether you have any children with her who live with her and do not live with you. You may wish to seek legal advice in order to clarify your position.
RelationshipExpert - 4-Nov-16 @ 12:57 PM
My ex wife want sell my house the mortgage is only my name and we divorce in 2010 she make court order to sell house but I live with wife and a child 7 year old and my disabled mother over 75 year old Can she make sell it by court she never make eny payments and she been married now 4 years now plz let me know
Maik - 3-Nov-16 @ 4:06 PM
supergirl - Your Question:
My husband of 26 years recently walked out after confessing to having a 3 month affair to live with his new partner. Currently I am still living in the marital home with our adult son, presently he is still contibuting to some of the household bills. My concern is as we don't have dependents, can he make me sell the house when he chooses. At present I would not be able to buy him out to cover his share of the equity in the house and pay the remainder of the morgage. I do know at present they are renting.

Our Response:
I am sorry to hear this. You would have to seek legal advice regarding this, but effectively, yes he could request that you sell the house in order to release his equity.
RelationshipExpert - 27-Sep-16 @ 3:06 PM
My husband of 26 years recently walked out after confessing to having a 3 month affair to live with his new partner. Currently I am still living in the marital home with our adult son, presently he is still contibuting to some of the household bills. My concern is as we don't have dependents, can he make me sell the house when he chooses.At present I would not be able to buy him out to cover his share of the equity in the house and pay the remainder of the morgage. I do know at present they are renting.
supergirl - 27-Sep-16 @ 12:21 PM
Me and my husband are going though a bad time at the moment we are both on the mortgage but it was my home and mortgage before we married I would like to know where I stand in this if we separate do I still have to pay him 50/50 we both pay the mortgage together but all other bills we pay seperate ie I pay water,shopping,our sons clothes etc , outstanding clubs, plus I had to give my job up on medicial grounds and now claim pip I'm classed as disabled ...my husband don't give me money anymore like he used to to help with food etc he binge drinks and claims I've buried my head in the sand and have made him mental too.
Nikki - 27-Aug-16 @ 10:17 PM
Fatstarsky - Your Question:
My wife and I own our own home, I pay the mortgage and most of the utilities. We do not have children. I want to separate, sell the house and split the equity 50 / 50. She doesn't want to sell but wants me just to walk away. She can't afford the mortgage but states she will get a lodger. I've paid far more in, and will except a 50/50 split. Can I force the sale of the house?

Our Response:
If you have no children, then you should seek legal advice if your wife is being awkward about not selling. Your ex would have to have to be able to buy you out if she wants to keep the house when you want to sell. Otherwise, a court can issue an order for you both to sell if you wish to release any equity and relieve yourself from the responsibility of the mortgage.
RelationshipExpert - 29-Jul-16 @ 2:29 PM
My wife and I own our own home, I pay the mortgage and most of the utilities.We do not have children. I want to separate, sell the house and split the equity 50 / 50.She doesn't want to sell but wants me just to walk away. She can't afford the mortgage but states she will get a lodger.I've paid far more in, and will except a 50/50 split. Can I force the sale of the house?
Fatstarsky - 28-Jul-16 @ 9:10 PM
Me and my partner hav recently split up and I'm living back at home. I wna sell the house but he's doesn't but I'm not Gna pay the mortgage when I'm not living there especially when he kicked me out! So do I need to take him to court?
Jarvis - 28-May-16 @ 2:12 PM
Gaz - Your Question:
Myself and ex partner had bought a place 8 years ago and after 2 years we split up. The property at the time was in negative equity. We paid half and half for the mortgage at the time but she has not paid since she has moved out. How much can she claim for

Our Response:
You would have to seek legal advice regarding this as much would have to do about what your ex paid into the property (such as deposits etc)in the first place.
RelationshipExpert - 25-May-16 @ 12:30 PM
Myself and ex partner had bought a place 8 years ago and after 2 years we split up. The property at the time was in negative equity. We paid half and half for the mortgage at the time but she has not paid since she has moved out. How much can she claim for
Gaz - 24-May-16 @ 7:09 PM
Bouty - Your Question:
I own my house solely and was thrown out by my wife in December, I have always paid all of the bills and mortgage without her help. I want to sell the property so I can get myself somewhere else and I understand she will be entitled to at least half as my 15 and 17 year old children live with her. Can she stop me from selling the house?

Our Response:
She can stop you from selling the house if your children live with your ex, as it is unlikely a court would force the sale until your youngest finishes education. Regardless of you paying all the bills in the past, the house is still considered a joint property due to you being married.
RelationshipExpert - 17-May-16 @ 11:24 AM
I own my house solely and was thrown out by my wife in December, I have always paid all of the bills and mortgage without her help. I want to sell the property so I can get myself somewhere else and I understand she will be entitled to at least half as my 15 and 17 year old children live with her. Can she stop me from selling the house?
Bouty - 16-May-16 @ 1:41 PM
My husband and I separated in 2009.We typed up an agreement which was signed by both of us and someone as a witness saying he would make no claim on the house or contents and that he would receive a sum of ten thousand pounds payable in instalments until I could pay the balance.Also agreed that the mortgage would be transferred into my name subject to the mortgage company approval.My sister is arranging to increase her mortgage to pay mine off but the house will go into her name (not a problem for me)He has had five thousand pounds and is now saying that he won't accept the balance left but wants another ten thousand as he wants to buy a house otherwise he will sell the house.This will make me homeless as I'm now a carer and on low pay and can't afford rent as it is more than I'm paying for my mortgage.He has contributed nothing since we split. Can he do this?
Top Cat - 6-May-16 @ 7:18 PM
My partner and I are splitting up. We own a property together, but have agreed that I will stay and his name will be taken off the mortgage and deeds. We have made £10,000 on the property since we purchased it. Is he entitled to half of the profit, as well as the money he put towards the deposit? My understanding was he was only entitled to the profit.
Lou - 5-May-16 @ 4:59 PM
Hello I really need some advice . 5 years ago I took the agonising step of separating from my Husband of 20 yrs. I had to leave my daughters 14 and 16 in the family home as to move them at such a time would have been disruptive to them due to school exams.I agreed with my Husband that I would wait 5 years regarding my share of the house and he said he would then buy me out.Since then I have struggled living in a rented property and working long hours in a low paid job. He on the other hand has been earning vastly more than me.I had no savings to fall back on as prior to my leaving I had been a full time mother since the birth of our children and was financialy under his control.The 5 year mark has now arrived and the house has been valued but having applied to the bank to remortgage the house in order to pay me my share( the mortgage has just finished hence the 5 year agreement) he has been turned down. He has applied for half the amount and that has also been turned down. He is also now saying that one of the 3 pensions he had and had agreed to transfer to meduring mediation due to my not having one as a fulltime mum he doesn't think he should have to give me.I do not know what to do or where to turn. I cannot afford to carry on like this I am sinking fast having kept going as best I could.I cannot afford a solicitor as all the ones I have contacted want payment in advance.I was entitiled to legal aid but my firm of solicitors went into administration 3 weeks before the law changed and the new ones took too long to submit the forms so I lost my entitlement.I would be most grateful for any advice. Thankyou
Mouse - 23-Apr-16 @ 4:56 PM
my husband and i own our house jointly , mortgage paid my ,husband could be facing damages in a scottish civil court woul we have to sell the family home to pay these damages and if house in my name could the court make me sell
pict - 23-Mar-16 @ 5:11 PM
My friends husband lives in his own flat and has another partner and children separate to his wife and their 4 children aged 17, 14, 7 and 2. He is threatening to sell the house which they are both on the mortgage for which he has not contributed to in over 7 years. Can he sell the house leaving them homeless?
pussycat - 23-Jan-16 @ 6:48 PM
I have been divorced nearly 2 years, a Scots law do it yourself divorce. We split up all our assets amicably enough. Apart from the house, which was bought with money from my dad, in my name before we were married but we were together. He wants £30,000 and I verbally agreed to give it to him, meaning I would have to sell the house. I haven't sold the house, I've been doing it up for a better chance of selling or leasing. He is in financial trouble, including debt carried over from our marriage and he is demanding £15000 now and £15000 very soon. But I can't raise that amount without selling the house but I can't sell the house that quickly! I can't get a loan because of my poor financial state, as a result of our relationship and I haven't been able to earn much money. He is threatening me with lawyers and bad mouthing me and is about to go public with his version of our broken down relationship, which is not my version and I feel is totally violating my privacy and abusing confidentiality rights. But maybe he's allowed, I don't know.I am so stressed and anxious about it. Can you give me any suggestions please, thank you.
overwhelmed and in n - 15-Jan-16 @ 12:52 AM
I'm thinking of buying a house with my partner. He has got his own house which he would rent. I have got a 5yr old and a 21 yr old son in which my partner his not there dad. my eldest son girlfriend will be living with us. They will pay towards the mortgage. If we ever did split up would he be able to make m e sell the property.
Del - 8-Jan-16 @ 8:21 PM
My wife and I have split up after 16 years and 5 being married. My wifehas a daughter of 17 which I have supported through this time. Do I legally have to keep supporting her now even though I will not be in the marital home?
S - 30-Dec-15 @ 8:00 PM
My wife split up with me over a year ago, just before she received £30k from her mum (that she knew was coming). She had been overly friendly with a colleague from her work before the split, and they now seem to be living together. We had bought her dads house off him to pay off his massive debts. I paid roughly £50k in refurbishing the house to accommodate him in a granny flat. Between buying the house and her splitting up with me i had paid off approximately £35k of the mortgage on my own. She only paid for the phone line with and broadband. I paid all other bills. I also bought her a £10k car which she wrote off and bought a similar car using the insurance money. Her name is on the V5, and she is refusing to give this back, despite me driving a £350 car. Since the split, i have moved into the granny flat and her dad has moved in with her. She has been paying half the mortgage and bills since the split to the present day (monthly in areas, this month is still waiting to be paid). She is now claiming that she can no longer afford to pay her half of the bills and mortgage. Also she claims that the £30k her mum gave her has all gone. She has also written off the replacement car that she got. Her weed smoking boyfriend seems to have moved in with her, into the house that i paid for, did up and have been paying the morgage on. And i live right next door to them. I cannot divorce her as she will not accept adultery as a reason. I had no other unreasonable behaviour reasons to split up with her. So she is meant to be divorcing me. I have not received any correspondence on this matter. What do i do? It looks like they both want to free load off me. I have lost all my inheritance money from my parents, yet she never shared the money her mum gave her. I do not want the guy she finished with me for, living in my house. Can i prevent this? Please help.
Al - 21-Dec-15 @ 9:25 AM
Hi My ex husband and I separated and divorced.I had to buy the house my 14 year old son and I live in in joint names with my ex in2006 we both put in 5000 each He has paid nothing towards the mortgage and only one year in maintenance towards our son but yet he wants me to sell to gain half of the equity.He has pressurised me into selling by spreading untrue rumours in order to force us out of our home any comments welcome
Jamesy - 19-Dec-15 @ 6:43 PM
Dv- Your Question:
My husband and I have been separated for two years now. We have two children age 7 and 10. We decided I would stay in the house to give the children stability and he would rent. The mortgage is in his name only however I pay the full amount into his account every month by standing order. He assured me it would stay this way until I was in a financial position to get a mortgage in my name. He has now got himself into debt due to a lot of parting/holidays he's had and has decided he wants to sell the house. Can I do anything or do we have to move out? The children are really upset that we will become homeless :( I'm so worried and never thought he'd go back on his word and do this to us.

Our Response:
I suggest you take some legal advice regarding this matter, as despite the house being in your husband's name, you will be entitled to a portion of the estate and a say regarding whether you sell or not, or whether you should remain in the house. For instance, a court 'may' decide to let you stay in the house with your children, until your children are of age, as a court will always rule towards what is in the best interests of your children. Also, much will depend on your joint financial situation and whether you are behind in payments. You could also suggest mediation to your ex, as this may resolve the issue without it having to go to court (as the court will suggest mediation anyway in the first instance). Please see link to article: Mediation: What is it and is it For Me? Link here. I hope this helps.
RelationshipExpert - 4-Nov-15 @ 10:37 AM
My husband and I have been separated for two years now. We have two children age 7 and 10. We decided I would stay in the house to give the children stability and he would rent. The mortgage is in his name only however I pay the full amount into his account every month by standing order. He assured me it would stay this way until I was in a financial position to get a mortgage in my name. He has now got himself into debt due to a lot of parting/holidays he's had and has decided he wants to sell the house. Can I do anything or do we have to move out? The children are really upset that we will become homeless :( I'm so worried and never thought he'd go back on his word and do this to us.
Dv - 3-Nov-15 @ 12:52 AM
MRS_L - Your Question:
My husband and I seperated 6 months ago and he moved out of the family home into rented accommodation. We have 2 children age 6 & 2 who stay with him 3 nights a week and he gives me maintenance for. At first he was helping to contribute towards the mortgage as I was only working 2 mornings a week. Since then I have got a job with more hours and am able to claim tax credits which help to cover the cost of the mortgage and bills as he no longer contributes towards these. He now says he no longer wants to rent and would like to get his ow. House and mortgage. I wanted to ask whether he can force me to sell the family house in order to release some equity from the proceeds to put towards a deposit for a new house and also if he should be contributing towards the mortgage as he is still a joint owner?

Our Response:
This is a tricky question to answer as it can lead to unfairness on one party, if the one parent is allowed to remain in the house and the other has to contribute both to their own rent and the mortgage. It of course can lead to arguments and bad feeling, when one parent feels they are having to unjustly pay more than their fair share. If you cannot agree between you, or through mediation, then in these circumstances it quite often has to go to court in order to settle the dispute. However, in your favour the court may rule that you can stay in the house in order to cause less disruption to the children. The court may agree on a date when the house should be sold. Plus, in the meantime, if any, what your ex's contribution to the mortgage should be, who is allowed to live in the house, and level of equity he is eligible for, once the house is sold.
RelationshipExpert - 30-Oct-15 @ 11:49 AM
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