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Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 33244
Experience:  Over twenty-five years experience
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I had previously left the family home in 2014 and continued

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I had previously left the family home in 2014 and continued paying the mortgage and bills plus giving monies for my two children. This continued until around 2016 when, for some reason, my wife got the CSA involved and then also decided that she should start to pay half the mortgage. We have had social services involved in our families life for sometime as our eldest has Autism. Early 2017 they decided that she was unable to provide the care he required and so he came to live with me. In April 2017 my youngest, who had stayed with her, then disclosed to me and social services allegations against her and also came to live with us. I have started divorce proceedings, which she is being obstructive with, and she continues to reside in the former family home without making full contributions to the mortgage since October as she instigated. I need to provide a suitable home for us but she will not make any collaborative move to sell the family home telling her mother that she will not get out. Is there anyway that I can move this on such with regards ***** ***** her out or enforce the properties sale.

Were you married?

Customer: replied 1 month ago.
after starting a relationship in 1994 and living together since November 1998 in a property in my name purchased in 1993 we moved in July 2007 to a property in both our names then we married in March 2008. Our children were born in 2001 and 2005 respectively.

But the children now live with you

Customer: replied 1 month ago.
since the 8/2/17 for my eldest and 31/3/17 for my youngest. To accommodate this I/we moved in with my girlfriend in her council property. I now provide for us all, including her two children due to the changes having to happen with her allowances as she only works part time. In October 17 I was granted full residency by Family court with an agreed contact agreement for the children (this final hearing she didn't even bother to turn up to).

Well you would be able to ask the court to sell the property within the divorce proceedings. The judge has the power to order the sale of the property. That fact that both children now live with you makes that more likely in any event.

Customer: replied 1 month ago.
Having already submitted the relevant divorce paperwork, including now form D13b as she is telling me that she has responded to it (including telling this to her mother) but on enquiring to the court they have told me that they have had no communication from her and so I submitted D13b on their advice. I did not put the need for the sale of the house down so am I able to retrospectively ask for this in some way?

Yes. In the first instance you will want to determine what the assets are and their distribution (what you get and what she gets) and then you can apply to the court for the property to be sold if agreement can not be reached.

Please remember to rate positive.

Customer: replied 1 month ago.
I already know that agreement will not be amicably reached and thought that the house sale and distribution of assets would all be part of the financial/consent order which is my next project. She has already stated that she will be going after my pension, any inheritance (presume this is when I lose my mother), spousal maintenance etc etc. I have joint credit card debits that I left with and having been paying since 2014 and move around to negate interest on. A family vehicle that I left with her. She will not let me into the property to take my/children's personal items and refuses entry for estate agents to value the property for sale. Do I just contact the divorce court (ring or mail) to add the house sale need or is there another form to be completed for this request?
Customer: replied 1 month ago.
I will rate positive as I have no issue with your quick response or advice given.

Within the current proceedings you can after the resolution of the estate seek a sale of the property (you do not at this time need to make a specific application) but raise with the court the you are next before it. The court can also allow you access at that time for the recovery of items.

Thomas Judge and other Family Law Specialists are ready to help you
Customer: replied 1 month ago.
Thank you Mr Judge your advice is appreciated.