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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34266
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have just split up with my husband and want to sell the house.

Resolved Question:

I have just split up with my husband and want to sell the house. The mortgage ends after 25 years round about September/October this years. What do I need to do first and what are my rights?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Do you both agree that the house should be sold?
How much is the house worth and how much is outstanding on the mortgage?
What other assets and debts are there?
How long have you lived together and are there any children involved?
Clare
Customer: replied 3 years ago.

 


I want to sell but my husband doesn't, he realises he can't afford to buy me out so it will have to be sold.


The house is worth around £190,000. Remaining mortgage term 9 months - £5,130.62 owing. Last year received our payout for the endowment and we split the amount equally. He has credit card debits and loans in his name. Lived together 26 years. Children aged 24 and 20.


 

Expert:  Clare replied 3 years ago.
Hi
Are you willing to start divorce proceedings?
Clare
Customer: replied 3 years ago.

 


He hasn't mentioned divorce and I'm not ready for that. Just want to sort the house.

Expert:  Clare replied 3 years ago.
HI
Unfortunately if your husband does not wish to sell the property then you cannot do so unless you first obtain a court order either within Divorce Proceedings or within property law
Divorce proceedings would be the more sensible option to start with as it allows the Court to be more flexible about what your share of the equity should be
You can read more about the Divorce process here
https://www.gov.uk/divorce/grounds-for-divorce
You can discuss the issue of the sale with your ex using Family mediation (www.familymediationhelpline.co.uk) pointing out that a sale is indeed inevitable
Please let me know what further information you would like
Clare
Clare and other Family Law Specialists are ready to help you