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UKfamsol
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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I have no communication with my husband who lives and works

Resolved Question:

I have no communication with my husband who lives and works in china but he. Still sends money what rights do I have
Submitted: 2 years ago.
Category: Family Law
Expert:  UKfamsol replied 2 years ago.
Hello and thanks for your question.

I need a bit more information to be able to answer:

What is it you want from your husband?
What prompted your question?



Customer: replied 2 years ago.

Joint home owner I just need to know if he can force me to sell our home. If he decides not to come back what can I do?

Expert:  UKfamsol replied 2 years ago.
Hello again and thanks for the extra info. If the house is in joint names, then your husband cannot sell it without either your consent or a court order.
The only way that he could get a court order would be within divorce proceedings.
If he decides not to come back, you yourself can file a divorce petition at court, and then (if this is what you want) try to get your husband to agree to put the house into your sole name in return for a lump sum, or apply to court for an order.
The court fee to file a divorce petition is £410 - but if you are on a low income you may be eligible for fee remission. You would need to have an address for him in China as the petition has to be received by the respondent, so the court needs an address to post the petition to.
Once a divorce petition has been filed at court, either party can apply to the court to ask the court to decide how the matrimonial assets should be divided if the couple cannot agree between themselves. The house would not be considered on its own, but as part of the total of all the matrimonial assets, which are everything in your name, everything in his name, and everything you own jointly. Pensions count as a matrimonial asset.
The court starts from the position that the assets should be divided 50:50, then looks at reasons why that should not be so eg if you are providing a home for dependant children, or if your income is significantly lower than his, then you can reasonably expect to get more than 50% eg 60% or 65%. You can also bargain eg you might offer not to make a claim against his pension (if he has one), in return for a much larger share of the house.
As going to court is stressful, time-consuming and expensive, if you can negotiate a settlement, that's much better. You can negotiate either between the two of you, or via solicitors' correspondence or via mediation. The family court anyway now requires the parties to have attempted mediation before it will consider an application to court - although as you live so far apart you might be exempt from this requirement.
Here's where to find a local family mediation service in the UK:
http://www.familymediationcouncil.org.uk/find-local-mediator/
Whether or not you could find someone to do mediation via Skype (if your husband was willing to take part from China) I don't know...
I think you would also benefit from some face-to-face legal advice. Here's where to find a specialist family law solicitor:
http://www.resolution.org.uk/findamember/
I hope this helps and I wish you the best of luck.
Thanks and best wishes...
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience: Very experienced specialist family law solicitor, qualifed in 1994
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