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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2296
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I'm divorcing my husband and we went FDA last week.

Resolved Question:

I'm divorcing my husband and we went for an FDA last week. My husband wants to sell the family house, which is on his sole name. I've got my name on Land Registry and he wants me to agree with the proposed sale that is supposed to happen in March. The equity is £375,000 and he refuse to give me any percentage. My solicitor is asking for 50%; we've been married for 7 years.
It's been impossible to make any agreement with him and that's why we're now in court.
So If I agree with the proposed sale of the house, I'd then lose my home rights. What if he refuses to pay me any percentage over the sale? I guess we'd then go for an FDR, is it right? In this case, in which basis the judge will decide it?
I work as a counsellor and my income is £20,000 per year. I'm also a medical doctor but have been out of practice for more than 13 years and I'm not registered in the UK. My husband argues that I have enormous income capacity, which is not realistic, and that I should try to get my registration in the UK but it'd take me at least 2-3 years to get it and by then I'd be 54 years old with no experience on the NHS. It doesn't look like I'd be able to get a job easily.
He's a business man and has refused to disclose any information on his Form E. He states that he spends £7000 per month and declares no income. I can't have access to his assets
He says if I refuse to agree with the proposed sale, he'll stop paying the mortgage.
The FDR is already arranged for the beginning of April.
My thought is, whatever decision I make now, it'll not be possible to get to any agreement with him, which looks like we'll end up back in court for an FDR.
Right now I need to get back to my solicitor saying if I agree or don't agree with the proposed sale of the house.
What's your advice?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
Do you have any children with him? At the First Appointment, what directions were made by the court?
As the property is the former matrimonial home you are entitled to occupy the home and a share of the equity. However, what sort of equity split would be difficult without knowing your husband's full financial position, and given that he has not made full disclosure of his finances it puts you in a difficult position as to whether to agree to his proposal or not - and your solicitor should be advising you of this.
Whether or not you are maximising your earning capacity will not decrease the equity you should receive from the property and his argument that you are not would only reflect any potential claim for spousal maintenance, if you were to make such a claim.
Given that full financial disclosure has not been made I would be inclined not to suggest acceptance of his proposal. Furthermore, if he is threatening to stop paying the mortgage, your solicitor should be seeking an undertaking from him to continue paying the mortgage until a settlement has been reached.
Please let me know if you have any further questions regarding this.
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2296
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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