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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2849
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My husband and I are getting divorced the family home is paid

Resolved Question:

My husband and I are getting divorced the family home is paid for and is split 50/50 we are living in the same house but I'm finding this hard as you can't move on I have said to my husband we need to sell the property and he is saying no as he older than me and will be unable to get a mortgage the house is three bedroom and has a plot big enough for a house to be built I have suggested we get planing and sell the house with it which should then give us a reasonable lump sum but he's saying he's to old for a mortgage and won't be able to afford to live how can I get him to sell up to move on at the moment I do the cooking cleaning and shopping so he doesn't feel the need to move on I'm being used and do not know where to go next
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Just a bit more information required to fully assist you:-How old are you both?-How long have you been married?-Do you have any children, if so how old and what are the arrangements for them?-What are your respective income positions?-What assets and liabilities do you both have, including savings and pensions
Customer: replied 1 year ago.
I am 55 and my husband is 65.
We have been married 31 years on the 27th of April.
I have 2 daughters who live away from home.
We are both working and have a regular income mine last year was 26,700. I'm not sure of his income as we have separate accounts
Our house is all paid for we have a joint account for household he has a company pension which is about £750.00 a month and he has deferred his state pension until he stops working he owns a van and a pick up I own my own car
Expert:  Harris replied 1 year ago.
Thank you for confirming. The starting point that is looked at when dividing assets as part of a divorce is a 50-50 split of all assets. Given your long marriage, all assets will be taken into consideration whether this was obtained before the marriage or not. Also, due to the length of the marriage, the court will focus mainly on both of your needs and the division will be decided on this as well as the criteria below. As part of the divorce you will need to reach a financial settlement, initially this should be attempted either through negotiations or mediation (you can find independent mediators here: familymediationcouncil.org.uk If a settlement is agreed this can be submitted to court under a consent order (together with a D81 form outlining your respective financial positions)If mediation does not progress you should then proceed with an application to court under Form A for financial relief. This would include consideration of all your assets and financial position, as well as your needs, as well as his financial position and needs and the court will decide what is fair when considering the following criteria:1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;3. The standard of living enjoyed by the family before the breakdown of the marriage;4. The age of each party to the marriage and the duration of the marriage;5. Any physical or mental disability of either of the parties to the marriage;6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
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Customer: replied 1 year ago.
My husband originally filed for divorce so that we could move on in my life but he is now saying the sale of the house will not provide enough money to buy two properties therefore he doesn't want to sell which then means neither party can move on with there life I believe this is unreasonable action as we have not had a marital relationship for a few years I now don't know what my next move should be
Expert:  Harris replied 1 year ago.
Thanks - yes it is unreasonable and saying that both of you are unable to purchase separate properties as a reason not to sell the home is not sufficient grounds to prevent this and the court would expect there to be a settlement and for both of you to consider rental properties - just because you currently own a home does not mean that the court would expect you to each own your own home upon conclusion of the matter.
Customer: replied 1 year ago.
What do you suggest I do if he continues to oppose the sale thankyou
Expert:  Harris replied 1 year ago.
I would suggest you initially refer the matter to a mediator, and if this does not help to proceed to court for a financial relief application under Form A.