At the hearing, which was quite lengthy and gruelling, my ex's solicitor raised the issue of selling our family home. The judge parked the issue saying it was not a good time to sell houses anyway.
He has ordered the FDR to take place in January to give us time to get an actuary's report on our pensions and for my husband to come up with missing documentation.
Can my husband raise the house issue again at the FDR?
His arguments (via his solicitor) are that he is paying rent (having left the family home) and I am not, so it's unfair. Also, that we won't know what the house is worth until it is sold. . I am not keen to put the house on the market until we reach financial resolution because he has been so slow and unreliable at producing paperwork it could take months and he needs an incentive to cough up the information. Besides, someone has to look after the house until it goes on the market and that might as well be me. All his personal effects are still in the house and he has made no effort to move them out. Also, there is a possibility I might want to buy him out (with a loan from my mother). Clearly I need to reach a financial settlement before I know whether I can do that.
Have I got a case or are none of my points valid? What is the benefit of selling a house before financial settlement? How would the judge see it?
Thanks for your help and advice.
My pension is worth 200k, his is worth nearly 500k.
By issue - do you mean children? We have a son (21) and daughter (27)
The issue we brought to court was to ask for nine outstanding pieces of financial information (tax returns, bank statements etc) and an actuarial calculation of the pensions
My solicitor believes I am entitled to a larger portion of the house value because it has been a long marriage and I gave up work for 15 years to follow his career and bring up children.
Hi Clare. I have to say I'm not expecting to get much more than a 50/50 split. But at the moment we don't know what the 50/50 is until my ex discloses his finances. That's the reason we've gone to court.
Going back to my original question: would it be possible once settlement has been reached to buy my husband out of our house if I wanted to? Either with an informal loan or a bank loan? Or am I forced to sell the house? The reason is that I am thinking about early retirement in about three years time and if I could hang on to the property until then and until my son finishes his studies that would be ideal.I don't want to disclose my thoughts at the moment in case it prejudices the settlement. It's a hypothetical question but I want to keep my options open. Grateful for your views....