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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33951
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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Divorce Assistant: Thank you. Can you provide any more

Resolved Question:

Divorce
Assistant: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: My wife had an affair, I forgave her and tried to resolve our issues but to no avail she has gone back with him and has told me i need to sell the house as she wants the money, I have an 18 year old son in full time education can she do this where do I stand?
Submitted: 8 months ago.
Category: Family Law
Expert:  Harris replied 8 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:
-Are you in England or Wales?
-How old are you both?
-How long have you been married?
-Do you have any children together, if so their proposed arrangements?
-What is the value of the property, and what is the outstanding mortgage?
-Who is now living in the property?
-Whose name is ***** ***** in?
-What other assets and pensions do you both have (both sole and joint), together with values?
-What are your respective incomes?

Customer: replied 8 months ago.
England
I am 54 she 52
28 years
yes 1 he is staying with me
£175000 £50000
Me an my son
Both our names
mine £36000 she is now unemployed
Customer: replied 8 months ago.
I just want the answer to my question can she force me to sell ?
Expert:  Harris replied 8 months ago.

Thank you. As part of a divorce there will have to be a financial settlement and she can make a claim for an appropriate division of assets and the court can look into selling the property, however,as you have a child im your care his needs will be a priority and you may habe grounds to seek to remain in the property until he reaches a certain age (eg. Finishes education) after which for it to be sold.

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 using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Expert:  Clare replied 8 months ago.

My name is ***** ***** I have been a solicitor for more than 30 years.

The fact that your son is already 18 is a major problem as he is technically an adult and that means the Court will not take his housing needs into consideration when dealing with the settlement.

The fact that he is in full time education is helpful provided it is still Secondary education and not University - but certainly will not delay a sale for long

Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33951
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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