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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34491
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 separated from my wife approx. 10 years ago. last year I

Customer Question

I separated from my wife approx. 10 years ago. last year I started divorce proceedings and have my nisi but before the absolute I need to sort out our house. we have a house in joint names which is paid for. the agreement was that my wife could live in the house until such time as I need my share. I have asked my wife to sell the house and she refuses. I asked her to come to mediation which she refused ( I have the letter from Kent mediation). I cant afford a solicitor to handle this for me, so I need to try to take this to a court and ask for a court order for her to sell the house. I have no idea on how to do this. I have e-mailed county courts for advice on what forms etc. I need, but I am told that the staff are not legally trained so therefore can not help me. Can you advise please
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.
How much is the house worth and what other assets to you each have and how much do you each earn?
Clare
Customer: replied 3 years ago.

The house is worth approx. £130,000. I have no other assets. apart from £7,000 in an isa account which is what I have saved for inland revenue over the last few years. I was advised to save 20% of my earnings a week by my accountant, ( I am self employed), but as to date I have not earnt enough to pay any income tax. I belive that my wife just lives on benefits and a pension from the NHS. when my wife and I first parted we had a bungalow, which we sold and paid off the mortgage, and the purchased the house in question and paid in full for it. It is still in joint names although I have never lived there. I am sorry that I cant tell you any more about my wifes situation, but she has not spoken to me for about 8 years

Expert:  Clare replied 3 years ago.
Hi
How old are you both - and how much does a one bedroom property in the same general area cost to buy?
Clare
Customer: replied 3 years ago.

we are both 63 years old. I would estimate a one bedroom property in Dover would start from around £70,00. I Live in a caravan (10 months of the year), is not good for me, which both my GP and Shepway council say is not good for me because of my health. but the council say that they cant rehouse me because of the house.

Expert:  Clare replied 3 years ago.
Hi
My apologies - I should have asked how long you had lived together?
Clare
Customer: replied 3 years ago.

we was married for 29 years before we split

Expert:  Clare replied 3 years ago.
Hi
Have you offered to discuss matters using Family mediation?
Clare
Customer: replied 3 years ago.

Good Morning, As explained in my first message, I got in touch with the Kent mediation service and they invited her to attend a meeting with me, but she refused. I have a form from them confirming this.

Peter Kinch

Expert:  Clare replied 3 years ago.
Hi Peter
My abject apologies - you had indeed mentioned it.
In that case your only option is to make an application to the court for the financial issues to be dealt with
This will lock you into a court timetable which must eventually lead to a resolution - and most likely an Order for the sale of the property since you should both then be in a position to rehouse yourselves.
The form you need is here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/form-a-eng.pdf
and the gee is £245 unless you are entitled to fee remission
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

Good Evening, Thank you for suggesting the form I need for the court. for some reason I cant download it but that may be a problem of my lap top. there a quiet a few questions on that form that I don't understand, and also if I can download the form and fill it in where do I return it to? I.E. any county Court, Magistrates Court, or a high Court ? I assume then the Court will set a date and time for the hearing, and the court will lead me through the procedure when I appear. I really have no idea how the court system works. Unfortunately I have to go into hospital tomorrow morning (Thurs) and wont be home until Monday. I will have to continue this on my return if that is acceptable.

Kind Regards

Peter Kinch

Expert:  Clare replied 3 years ago.
Hi
You will need to cut and paste it to your browser
You can read about how to complete it here
http://www.wikivorce.com/divorce/Forms/Ancillary-Relief/Application-for-Ancillary-Relief-Form-A.html
Clare