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?
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.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
Anyway if worst comes to worst following the court hearing we may end up taking the divorce route , I am the sole owner of the family home & it has no mortgage since my Father lend me all the money to purchase it in full before we got married. I payed for every singe thing in the house and every single bill up to now & still paying . how will the house situation be sorted since i owe all the money to my father .
He has never worked and so our income has solely been what I have earned. I have paid the mortgage, bills and everything for 20 years. I have always put a monthly payment in his account so he has his own cash and have always bought anything that we need. I am so relieved that I never gave into having a joint account with him as he is so controlling. It has now got to a stage where I can no longer bear it and I want to start afresh. Can I retain the house if I can pay him off or will I have to sell? I’m also really worried that he’ll have half my pension - I’m a teacher and it’s not great. Any advice would be great.
He has now said he wants to start divorce proceedings in a couple of weeks and I should consider my options regarding the marital home, which is in both names. Two of our grown up sons still live at home, as well as my youngest son’s fiancée. Both my youngest son and myself have health issues which prevent/hinder our working and I am in dire financial difficulties, including having an IVA.
He has paid nothing at all since leaving, including nothing towards the mortgage payments. If I am forced to sell, I will not have enough money from the sale to buy anywhere for me to live, let alone my sons. I am sick with worry over this. Please tell me what rights I have, if any. Thanks
My husband and I are tenants in common for our house for which I paid £140,00 deposit and he £30,000. I have left with my 12 year old daughter(he is not the father) and want to sell due to a breakdown in our relationship. we have only been there 1 and a half years. can I force him to sell as I need to rent/buy somewhere else for me and my daughter as he wouldn't move out, and now says he wont sell. the tenancy is two thirds to one third in my favour.
It is in joint names, he is living elsewhere and has a good job earning decent money. My daughter, her fiancée and four month old daughter have been living with me since October so can he force me to sell the house?
She’s refusing to sell the house saying it’s the family home and she wants to stay there until the 16 year old leaves school even thought both say it’s not a nice place to live. The son has expressed a desire to sell and move on to his Dad. Wether that’s the same as he’s telling his Mum we don’t know. He needs to sell the property in order to buy a new house. Can he force her to sell? She’s going to see a soliciter, will a soliciter tell her she has to downsize or tell her to fight him?
My argument is that I also need a place with the children when i have them but she doesn't care about that bit.
In a nutshell can i make her sell.
I have a small pension which he has kept from me and has not returned and I would like to know what my options are. Can he really sell the house when the deeds are in both our names?
Our son also lives with us. He is a middle-aged managing his bi-polar condition via the GP and works in a local hospital. He regularly contributes 1/3 of all the bills in the house but I am concerned that with my husband deciding to sell, he has been threatening this for a long time, it might trigger his mental health problems again.
My son can look after himself but with his Banding in the hospital he cannot afford to move out as it is. The job is really good for him and I don't want all these things to complicate his progress. What do you suggest?
He left on his own accord he was not forced to go. He now has not contributed to the mortgage for the last two months. I have filed for divorce and financial settlement to enable me to eventually buy him out of the property.
Whilst the mortgage is still in joint names but he doesn't contribute to anything my question is what are my rights to take a lodger to help with the bills and mortgage.
I wanted to ask can he force me to sell.
my youngest is 4years old and I have a disabled child who is 13 years old ?
He has stated he will tell the court he wants to buy another property and move out with his wife and needs the equity from the matrimonial home we both own. He actually has no intention of moving out of his parents as culturally he is of the belief he must live with them always. I have asked him to wait and sell house when youngest is 18 but he refuses to agree.
She paid the deposit of £70000 and I took out mortgage £120000 and added her on to it.
A deed of trust is in place which states when the property is sold it should be split 69% to her 31% to me.
It also indemnifys us if one doesn't pay there share of the mortgage the other will cover it.
Due to the split my ex lives In the property with my daughter and soon to be born baby of her new partner pays £530pcm mortgage.
I rent a room at £500pcm elsewhere.
As I am unable to live in our property I don't contribute to the mortgage and my ex has now stopped me seeing my daughter as I will not sign the house over to her for free.
My point is by us splitting doesn't mean I give up my investment in the property however she's told me she will take me to court to have me forced to sign the deed over.
Is this possible?
I was under the impression her only option would be to buy me out?
Thank you in advance for your help.
Look forward to your response,
Thankyou
I have split from my husband and we are now divorced however we have a joint mortgage we have been to mediation and agreed a settlement figure and a timescales of 12 months of this to be paid. he has now changed his mind as he says I cant raise the money against the equity. this was never the plan my new partner has offered to sell his property and pay off the settlement. This as now been explained and the address of the property that is on the market given to his solicitors. He is now saying he will take to court to force the sale of the property. even though we are only 3 months into the mediation agreement. he as now changed the goal post. my question is who will pay the court costs and will a judge force the sale as we don't want to be selling the other property if we cant keep this property as we will have no where to live
We are both on the mortgage and own the house together.
I do not work as I'm a stay at home mum, he has a good job paying well.
Can he force the sale of the home to split equity?
I am living in the property with my two children (his step-children.)
What would a court decide?
If I stayed in the home would he be responsible for a proportion of the mortgage too?
I am not in a position to buy him out or take on the mortgage on my own.
I'm scared I'll be forced out with the children...
Help!
While we try to reach an agreement, can he tell me what to do in the house? Can he stop me from getting a lodger or becoming a foster parent?
There are no children Involved as they have left the home.
The situation is dire and other than him walking away and losing everything as the house would be 're possessed he doesn't know what to do.
Thank you
Can she make sell it by court she never make eny payments and she been married now 4 years now plz let me know
I do know at present they are renting.
How much can she claim for
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.
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
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?
Am I being unreasonable? I thought the offer was fair as he would come out of it, albeit after 15 years, with a lump sum.
I paid and the solicitor arranged for the Land register to be changed into my sole name.
We have been married for 44years and are not devorced. If I want to sell the house can he take half?
If we were devorced would the situation be the same?
I divorced 3.5 years ago and my wife moved out. We came to a private financial agreement (stupidly didnt get it signed legalised in court). The arrangement was signed by both of us and witnessed.
Within the agreement I agreed to pay the joint mortgage and secured loan and my ex kept an additional £10,000 from our settlement for her share of the equity in the house.
Due to being in an IVA I wasnt able to take her off the mortgage and within the agreement I agreed to take on a new mortgage or sell the property in July 2017. All financial equity at the time would transfer to me as she had been paid for her equity.
All payments have been made in full by me and on time to the mortgage companies. Last week I recieved a letter from her solicitor asking for the property to be sold now and claiming that she now was seeking 60% of the equity!
Any advise or guidance would be appreciated please.
Can she force the sale immediately or do we need to have a settlement agreed in court before she can force sale? She has been living with her new partner for about 2 years now.
He has 2 children from previous relationship whom only come to stay every other week there main home is their mums. Do I have to leave the home and is it unreasonable to claim any money from him once divorced
Two, actually. First, my soon to be ex husband are still under the same roof as the divorce goes through. We have the Nisi. He insists he won't be moving in with his girlfriend but I am pretty sure he plans to do so. He's denying it because he wants to claim for a house. What if he is taken at his word, given enough to buy a house and then moves in with her? His income is more than twice mine is (I get £400 a month) and has more savings than me.
Second question: he keeps hugging me. I hate it but because it's 'just' a hug, what can I do? I should add he's been abusive and controlling throughout our 30 year marriage.
I met my girlfriend 2 years ago and after a year she became pregnant and we married 6 months ago. When the twins were 3 months old out of the blue she issued divorce papers. The judge has allowed divorce on simple unreasonable behaviour reasons and ordered me to transfer the £300,000 house into the sole name of my ex. I am jointly responsible for the mortgage of £20,000 left if she does not keep up the payments. All chattles have been ordered to my ex. Custody has been awarded to my ex, I have alternate weekend and a share of holiday contact. This seems unfair that I have lost everything. The judge told me the children needed a home and that is in their best interest. But my ex benefits because she is the sole owner now. She never paid a bill, never paid to the mortgage, never worked. The judge told me she has a full time job looking after the twins. To top it all my ex claimed CSA and recieves about a quarter of my £40,000 salary. I am homeless living with a friend having received her legal bills of £20,000. And further more a new man has just moved in to the home I used to have and he is earning £200,000 a year and giving her a life of luxury, and I still have to pay her CSA monies. I am told what she does post divorce is nothing to do with me. The children and their life is paramount and I must pay CSA. I think I have been robbed left right and centre and I don't have a leg to stand on. Any words of comfort would be so appreciated.
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