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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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our family home is in joint names - mine and my husbands.

Resolved Question:

our family home is in joint names - mine and my husbands. we have four children living with us aged upwards of 24 years. our marriage is on its way out and I want to leave - can I force him to sell the house and give me half?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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 how much is outstanding on the mortgage?
What other assets are there and what income do you each have?
Clare
Customer: replied 2 years ago.

There is no outstanding mortgage on the house and the house is probably worth about £190,000.

We have just the usual assets - contents of the house and we both have cars. He owns a property in Pakistan worth about £80000, where his second wife lives. I have a half share (with my sister) in a house that was my parents which we have been unable to sell - value £50000.

I am retired and get state pension + a small NHS pension probably about £900 per month total, he is a self employed private hire driver whose income fluctuates but he usually banks about £12 - 1300 per month.

Expert:  Clare replied 2 years ago.
Hi
Do you intend to issue divorce proceedings?
Clare
Customer: replied 2 years ago.

probably not

Expert:  Clare replied 2 years ago.
Hi
You can indeed force a sale of the property.
You can use Property Law to call for a sale using the Trusts of Land and Appointment of Trustees Act.
This is likely to be successful - but there can only be a 50/50 division of the equity.
If instead you issue divorce proceedings then within the financial side of the divorce then the Family court has wider powers to re-distribute the assets in any way that they consider fit - which could mean you getting a larger share.
I hope that this is of assistance - please ask if you need further details
Clare
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