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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 837
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I moved out of the marital home in May, my husband still resides

Resolved Question:

I moved out of the marital home in May, my husband still resides there. If I wanted to sell the house which is in joint names, do I need his permission? We have 2 children which both live with me in rented accomodation.
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
Please may I ask:
- how long were you married?
- are you considering divorce?
- how much equity is in the property?
- what are the other matrimonial assets including pensions?
Kind Regards
Caroline
Customer: replied 1 year ago.
Hi,
We have been married for 13 years and yes we will be considering divorce. There is approx £14k equity. Other matrimonial assets would include 2 cars to the value of £3k, a horse to the value of 2k (if pets are deemed assets) and I have a final salary pension scheme through my employer which would provide approx £100k on my death if that was before retirement age which is current split between Neil and my children 50/50. I'm not sure of the other detail of my pension other than my current salary is £33k
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
Does your husband have a pension also?
Kind Regards
Caroline
Customer: replied 1 year ago.
No not at the moment.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for clarifying that for me.
What is the earning capacity for you and your husband? Does one of you earn more than the other?
Will one of you be taking on the lions share of caring for your children?
Is it your intention to sell the property and realise the interest rather than return?
Do you think your husband could buy you out?
Kind Regards
Caroline
Customer: replied 1 year ago.
Hi,
I earn more than my husband his current salary is approx £16k compared to my £30k. Neil has the children 1 night a week and I th rest. It is my intention to sell the property, Neil couldnt afford to buy me out but at the moment he doesn't want to sell for this reason and therefore I cant get my equity to be able to purchase a new property.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for clarifying that for me.
To answer your first question simply - it is not possible to sell the home without your husbands permission when the property is in joint names.
To seek for the property to be sold you would have to make a claim in respect of the matrimonial finances. I will detail this further for you as I think it is important that you know the position.
There is a set process for dealing with the matrimonial finances and the first stage is whereby full and frank dislcosure is exchanged between you and your husband in respect of all of the matrimonial assets. Everything is included in disclosure including all assets and liabilities including pensions.
With such a long marriage as yours - then the starting point for the division of assets is 50/50. The Matrimonial causes act sets out factors which could lead to a departure of this rule. Examples are; the earning capacity for both of you for the future, future health needs, who will be caring for the children etc etc
Given what you have stated about your income and pension - be prepared for your husband to argue that he should have a larger than 50% share.
I would recommend that you consider referring the case of the matrimonial fiances to a mediation service. Mediation will help you and your husband go through the process of disclosure and also in relation to discussions about division to see if a settlement can be agreed.
You cannot make an application to the court in respect of the matrimonial finances unless mediation has been attempted first.
If matters can be agreed at mediation then a consent order should be prepared which details what has been agreed and this should be submitted to the court for approval. Once approved by the court this will be legally binding.
If matters cant be agreed at mediation then an application can be made at court.
There are lots of mediation services and there will be one local to you. Just google Family Mediation in oyur area and then give them a call to get the ball rolling.
Please do not hesitate to ask if I can clarify anything for you.
Kind Regards
Caroline
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