Your husband may be taking a fairly simplistic view of this. A divorce can involve a lot more than the house. It can involve money, pensions, savings, children etc etc. If you need the house for childminding and he insists on a sale, he may have to pay you additional maintenance to make up for the fact that he has removed your source of income for example. Generally all marital assets are divided equally under Scots law but where the family home is directly involved in your occupation, a different view may have to be taken. For example the court could say that the house wasn't to be sold before a particular date. Or that it can be sold but you are to be given an extra amount from the sale to compensate for loss of earnings. There can be various possibilities depending on your particular family circumstances of which I have no information. You might want to have a consultation with a local family solicitor who can advise on your particular situation. In the meantime I hope that gives you some information generally. Please leave a positive rating so that I am creditd for my time.
There is no legal obligation on him to go to counselling or mediation. He would have to go voluntarily or on your persuasion I'm afraid.
I have this as a Scots law question. What is the connection to Kent?
In that case your question should not have been sent to the Scots law section. I will have you transferred to the English law section. Do not respond to this message or else the question will come back to me.
My name is ***** ***** I am an English solicitor
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?
Best guesses will do.
I shall be out now at a meeting but will be back on this evening
Have you checked that price of Zoopla or something similar?
Best guess on the mortgage (and I am aware of the job issue I promise)
What was your housing position prior to moving in with him?
How much does a two bedroom property in the same general area cost to buy
Could you work from one like that?
How much would you need - realistically
Do you mean there are no such properties in the area?
Have you checked on Right move/Zoopla?
What income do you each have?
How long have you lived together?
How much is outstanding one the mortgage and loans - again best guess will do
You were not involved in these?
Have you looked for copies - this could be important
I am afraid that he will be able to force a sale of the property - BUT from what you have said it is likely that you will be able to receive all the equity to rehouse yourself - and possibly some short term spouse maintenance to cover the period whilst you are re-establishing your business in your new property.
I am sorry - I know that this is not the news that you wanted - please ask if you need further details
That does not change my suggestions 0 but it does look as though you will have the funds