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 Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33507
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

I own a home 50/50 with my husband (we are still legally married).

Resolved Question:

I own a home 50/50 with my husband (we are still legally married). No mortgage.
The house is worth approx. £450,000
I moved out of the property 15 years ago allowing him to live there rent free.
He is a chronic alcoholic and currently under the care of the local social services. He does not work and lives off benefits.
I need my share of the property to allow me to move on.
My husband refuses to sell the house and obviously cannot afford to buy me out
Can a court order the property to be sold or would my husbands chronic condition
have an influence on the decision.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year 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 does a one bedroom/studio property in the same area cost to buy?
Are you intending to start divorce proceedings?
Clare
Customer: replied 1 year ago.

The property in question is a one bedroom flat in London hence the high value.

Do I need to start divorce proceedings?

Expert:  Clare replied 1 year ago.
Hi
What other housing options does he have?
Clare
Customer: replied 1 year ago.

He will walk away with £200000+ and have the same housing options as me

Expert:  Clare replied 1 year ago.
Hi
Unfortunately it is not that simple given his condition - the court will wish to know exactly what the options are for his rehousing so it is important that you look into those carefully and have the information available
You have two options in terms of forcing the issue.
You can make a Property Law application for an Order for sale; or you can use Family Law and make a Financial application within Divorce Proceedings.
If you opt for the first path then the court will have no option but to look at a straight split of the equity - with the second option the Court has wide powers to redistribute the assets in any way the court thinks fit.
Whilst this would make the first option more attractive you do need to be aware that it would then be open to your ex to start the Family law Proceedings - which will then make the property law option redundant.
Please ask if you need further details
Clare
Customer: replied 1 year ago.

Can you explain why it is my responsibility to ensure that he has a home to go to? What about my rights and requirements.

My circumstances have now changed considerably (I do not work any more)

Why should he be protected while I am forced to struggle?

Expert:  Clare replied 1 year ago.
HI
It is not your responsibility at all - it is however the responsibility of the court and it is a matter of making your application as strong as possible
You have excellent arguments for a 50/50 division - you just need to make sure that you do not give him any wriggle room
Clare
Customer: replied 1 year ago.

Thanks but can you elaborate on what you mean by "wriggle room".

Also, if the courts ordered the property to be sold, how could this be achieved while he is resident in the flat? I know he does not want to move and he would make it almost impossible to sell- abuse of the viewers etc.

The flat also needs to be refurbished before sale as he currently lives in squalor.

I understand that this is a complicated case but everything seems to be in his favour.

Expert:  Clare replied 1 year ago.
HI
Your ex will argue that his "illness" means that his housing needs have priority - part of your case will be that not only is that not fair but ALSO you can show that he would be able to rehouse himself.
You will also be able to obtain an Order forcing him to leave so that you can rmarket the house
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33507
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Previous | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    160
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Family Solicitor

    Satisfied Customers:

    4598
    I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
  • http://ww2.justanswer.com/uploads/HH/hhlaw/2015-12-8_22495_unnamedlanczosbicubic.64x64.jpg Harris's Avatar

    Harris

    Family Law Expert

    Satisfied Customers:

    1064
    Family Law - Specialist in Divorce, Financial Relief and Children Matters