Can Husband Force Me to Sell Our Home?

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 bears no relevance to your legal standing and you have as much right to the home 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.