How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask UKfamsol Your Own Question
UKfamsol
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
40487810
Type Your Family Law Question Here...
UKfamsol is online now

We have been married for 44 years.The relationship has broken

Resolved Question:

We have been married for 44 years.The relationship has broken down,due to unreasonable behaviour by my wife.Our flat is in joint names and i would like to sell it ,but my wife refuses to do so.Does it have to be divorce and if so what would be the costs as money would be a problem.
Submitted: 3 years ago.
Category: Family Law
Expert:  UKfamsol replied 3 years ago.

Hello and thanks for your question.

When two people own a property together, if they agree, the property can be sold at any time, and the net sale proceeds divided between them as per the agreement between them. (The agreement would not be legally--binding - the only way that the agreement can be made legally binding would be within divorce proceedings - via a "consent order" without having to go to court - if the court approves the agreement that has been reached - but a solicitor is needed to draft the application to court.)

But if the two owners do NOT agree, then the only way to sell against the wishes of one of the owners would be to get a court order.

Where the couple are a married couple, the usual way to get a court order concerning property is within divorce proceedings. The house would not be considered on its own, but in the context of ALL the assets owned by each of the couple and jointly.

In a matrimonial case, the court looks to achieve a fair division of ALL the matrimonial assets, of which the house may be only one asset.

Unfortunately there is no longer legal aid available for divorce or for an application to court to deal with th efiance and peoprety associated with the divorce (except for those who are the victim of domestic violence.

Most specialist family law solicitors will give an intial free interview, at which you can ask what they would likely to charge if you decide they should take on your case.

Here's where to find a good family law solicitor:

http://www.resolution.org.uk/findamember/

As going to court is expensive, stressful and time consuming, if you can possibly negotiate a settkemnet, that would be oreferable. That can be either between yourselves or via solicitors' correspondence or via mediation.The family court does now anyway requires the parties to have attempted mediation before it will consider an application. Here's where to find a local mediator:-

http://www.familymediationcouncil.org.uk/find-local-mediator/

When you have been married for as long as 44 years, it may take a little time to sort everything out - because it's not easy to reach decisions on how one household now has to fund two households.

I know this was probably not exactly what you wanted to hear - but I hope this helps anyway and I wish you the best of luck.


Thanks and best wishes...

UKfamsol and other Family Law Specialists are ready to help you