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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34233
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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My wife has issued forms on me for divorce, we are both still

Resolved Question:

My wife has issued forms on me for divorce, we are both still living at her parents house, however we do own a property which we rent out. We have been separated for over a year now, we have separate bedrooms. I have said that I need to sell the property so that I can make a fresh start, she doesn't want to sell the property as this is the income for her parents. How can I get the property sold
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.
H ow 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?
What income do you each have?
Clare
Customer: replied 3 years ago.

Hi, the house is worth around £250,000, the outstanding mortgage is £88,000. There are no other assets or debts in joint names only small credits in joint accounts. We have been married for 25 years and moved into her parents house 5 years ago. We have 3 children but only 1 lives at home, he is 16. My wifes incomes is £33,000 and I am at present being ill health retired due to having MS. The amount I will receive has not been confirmed at present. Please let me know if you require any other info. Thank you clare


Regards


Gary Lloyd

Expert:  Clare replied 3 years ago.
Hi
Where do her parents live and why do they get the income from your property?
Clare
Customer: replied 3 years ago.

Hi Clare, They live in Corfe Mullen just a couple of miles from our property in Merley, Dorset. The reason we moved there was that they have a large house, with a large mortgage to go with it. They used to use it as a b&b, now due to their age they have no more income except a small pension from her dad. We moved there to help them out by paying a rent to them. They do not want to sell the property so we moved there so they didn't have to. Now things have gone pear shaped my wife wants a divorce but doesn't want to sell our property due to her parents situation. She has said that she is happy for me to stay there and live, but as you can imagine that is not what I want and I need to sell the property so that I am able to move out.

Expert:  Clare replied 3 years ago.
Hi
Unless your wife wishes to return to the property with your son then the Court will indeed Order the sale of the house so that the proceeds can be divided between you in whatever way the court considers fair.
I would expect you to receive at least half of the equity - potentially even 60%
The appropriate way forward is to try and discuss matters with her using Family mediation (www.familymediationhelpline.co.uk) and if that fails to apply to the court within the divorce proceedings for the financial issues to be dealt with
Please ask if you need further details
Clare
Customer: replied 3 years ago.

Hi Clare, I have the paperwork for the divorce which I have refused to sign because I want to sell the property. I have discussed mediation with her but she refuses to do that as I know she is thinking about her parents. How do I go about applying to the court for this to happen

Expert:  Clare replied 3 years ago.
Hi
What grounds has she used for the Divorce?
Clare
Customer: replied 3 years ago.


The reasons was that I haven't given her any affection over the last couple of years and that I have taken money from the joint account without her consent. They are absolute rubbish, she has been seeing someone else for months. It really doesn't matter as she doesn't love me anymore and wants a divorce. I just want to sell the property we have and try and start again. I do love her very much but she wants to end it. I just want to go ahead and sell the property we have and take the equity that is mine and start again

Expert:  Clare replied 3 years ago.
Hi
In that case you should negotiate with her and tell her you will not defend the divorce so long as she does not claim costs
You need the divorce to progress so that you can apply to the court for the sale of the house.
Once you have the date of the Decree Nisi write and offer mediation one last time and if she refuses then apply to the court for the finances to be dealt with using this form http://hmctsformfinder.justice.gov.uk/courtfinder/forms/form-a-eng.pdf
Clare
Customer: replied 3 years ago.

Hi Clare, one last thing. can I at least put the house up for sale as she knows it will have to be sold anyway. Also as you can imagine I am finding it very hard to live here and my only way out is with my share of the equity, is there anyway of enforcing this due to the circumstances that I have been put under living with her parents

Expert:  Clare replied 3 years ago.
Hi
No I am afraid that you need to either agree the sale or obtain a court order
The sooner you either start mediation OR apply to the court the better
You could of course consider a private rental for six months whilst this is ongoing - your only ongoing responsibility will be for child maintenance
Clare
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