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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
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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how do i stop my wife selling the family house. we have an

Resolved Question:

how do i stop my wife selling the family house. we have an 8 year old son whose life i don't want disrupting. she is filing for divorce
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?
Where does your ex intend to live?
Clare
Customer: replied 2 years ago.

house worth £160,000

£115, 000 outstanding

I have a house rented out worth £95, 000 with £70,000 outstanding.

wife has private pension I have no pension

my income £22,000 gross, wife's £40,000 gross

ex wife intends to rent in area close to work but could re-locate anywhere as she is a teacher and no family nearby only friends

Expert:  Clare replied 2 years ago.
Hi
Why does she want to sell - has she said?
Clare
Customer: replied 2 years ago.

to release assets to pay off her credit cards

Customer: replied 2 years ago.

she now says she wants a divorce

Expert:  Clare replied 2 years ago.
Hi
Would you be able to "buy out" her share of the equity in the matrimonial home?
Clare
Customer: replied 2 years ago.

it depends on the price she is prepared to accept. Against the estate agents valuation, no.

Expert:  Clare replied 2 years ago.
Hi
You can certainly delay the sale of the Matrimonial home since your ex cannot sell it without your agreement or an Order from the Court
However in the long term if you are not able to "buy out" her share of the property and she does not wish to live in the property then I am afraid that the property will indeed have to be sold within the next year or so.
It is likely that you will be able to "trade" your interest in the second property against her larger pension and income.
I am sorry not to give better news - please ask if you need further details
Clare
Customer: replied 2 years ago.

can my wife force me to leave the matrimonial home we have shared for 12 years?

Expert:  Clare replied 2 years ago.
Hi
Provided you do not let her provoke you to violence then the only way she can force the issue is within the financial side of divorce proceedings
Clare
Clare and other Family Law Specialists are ready to help you