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Aston Lawyer
Aston Lawyer, Solicitor
Category: Family Law
Satisfied Customers: 10631
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My brother has been married for 24 years...the mortgage is

Customer Question

My brother has been married for 24 years...the mortgage is in both his and his wifes name and they have shared the payments. His wife has left the family home and no longer contributes to the mortgage payment. my brother is now paying the full mortgage. he lives in the family home with their two daughters who are in their early twenties. can his enstranged wife insist that he sell the property ?
Submitted: 4 years ago.
Category: Family Law
Expert:  Aston Lawyer replied 4 years ago.

 

Hi there,

 

Thanks for your enquiry.

 

Your Brother's wife can ask that the house be sold at any time (as the property is in joint names). If your Brother does not consent, then his wife would have to take Court action.

 

The usual course of events is as follows:-

 

If either party were to issue divorce proceedings, an agreement over the division of all the financial assets, including the house, of the parties can and should be dealt with under such proceedings.

It would be normal for the parties to try and agree who should get what, and this agreement is then put in a Consent Order that the Court seals, and this then becomes a legally binding document. If the parties can't reach an amicable settlement, then the Court decides, looking at all the circumstances of the case.

 

Although I can't give any definitive answer as to how your Brother's financial assets would be split, on the assumption that there is equity in the property, the normal solution would be for the property to be transferred to your Brother, in return for him paying his wife £x amount.

 

No doubt your Brother's Solicitor can confirm the above and go into further detail when they meet, but I hope this gives you an overview.

 

If I have answered your question, I would be grateful if you could leave positive feedback.

 

Kind Regards

AL