Yes. Joint owners mortgage outstanding £8k ish. Value approx. £200k.
I thought I'd covered that in my first script.
I am incapable of making a move due to to my condition, have no income other than ESA DLA, do not have any support.
She is working , has her health and support of relatives and friends.
I need to get my blood pressure down so that I can get the treatment necessary for pain relief.
I am afraid totell you that that is not a reason for you to stay in the house and for her tomove out. She is quite within her rights to stay in the property as indeed youare because firstly it is the marital home and secondly, it is in joint names.
There appears tobe no allegation of violence.
In which case, itwill be a case of dealing with the house in the ancillary matters of thedivorce and either you buying her out, her buying you out, or the house beingsold and the proceeds divided.
On these facts,assuming that you have a longer marriage, the proceeds will be split 50-50
I appreciate itis not what you wanted to hear but there is no point in me misleading you.
Can I assist anyfurther with this? Please bear with me today because I will be online andoff-line clients.
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I have seen the note below:
Ask the court for a removal order, which will give you temporary possession of the home and force your spouse to move out while the case is heard. Removal orders are generally granted when there is danger of physical abuse.
Why is it I cannot get this on the basis of the facts stated.
ie. I am suffering and unable to get respite due to having to live in the same property. This is as bad a case of abuse, just as if she struck me to cause pain. If the tables were reversed, the courts would side on the so called weaker sex and evict me.
I think I am missing something here. What physical abuse ?
You are at liberty to move out into another house in the interim pending divorce.
The sooner you get divorced the sooner the house is sold
to spell it out
the stress of her gloating at my visible painful condition is not helping me to get my blood pressure down to be able to get the hospital procedure i need to get respite from this pain - does that not constitute physical abuse because if i was to cause her some discomfort in her home i would be accused of abuse.
i think i must be writing something that is not being read
I'm sorry to haveto tell you that by no stretch of even a very vivid imagination is thatphysical abuse or grounds to get an occupation/ouster order.
I appreciate thatthat is not the answer you wanted but there is no point in me misleading you.
By all means aska solicitor to make the application and don't take my word for it, but beprepared to be disappointed. To be frank, on these facts, I would be verysurprised that the solicitor agreed to make the application for you. Sorry
this is a sexist society favouring the female in divorce proceeding. like i said, if i were the female making this inquiry your responses would be different. because i would be seen to be the aggressor praying on the weaker sex.
so it is ok for one party to make the situation untenable without any course of action available, don't think so!
also the fact that she has financial control does not constitute aggression on her part. if i had financial control there would very soon be action against me.
I don't see why the house value is relevant, but it is stated in reply earlier, "Yes. Joint owners mortgage outstanding £8k ish. Value approx. £200k." Contents maybe £10k. Cars maybe £3k. Her income less than £1k. My benefit £500.
These are not relevant to the facts but understand all details would be taken into account, more so for how much a solicitor would want.
My grounds for temporary possession, not ownership.
Also my knowledge of construction, this being my trade, is far superior to hers for the benefit of maintenance, I am able to ensure the works done are to current regs. And I have successfully maintained the property to date, doing much of the improvements to increase its usefulness and consequently its value. Much of this was with this kind of disability in mind as we aged, not thinking that it was to be so soon in life, I am 56 and spouse 55.
My spouse muted her advice was to action a fast track divorce based on my unreasonable behavior. My so called unreasonable behavior being trying to generate a pension fund for our retirement. This was investing in property of below market value for the purpose of renting for a return. The funds were to be used from the equity of our property, both parties involved.She did not agree with the idea, but suggested I could do it with my share of the equity, to protect her from liability should I fail and loose my investment.
At the point of taking legal advice it had been agreed that she would generate an agreement to protect her share and I would be liable for the interest incurred. Instead she took the advice to seek a quick divorce and reduce the overdraft facility without my knowledge to stop any such investment.
I am not aware of any official action.
4 bed semi
I know where you are going with this, house value is not the issue.
We may not get a quick sale, it may take 6 months+, whereas i need urgent assistance to get my BP down to enable me to get the hospital procedure I urgently need. It is not going to be enough because it could trigger a heart attack or stroke. This may be what she is hoping for, but of course for me it will be too late. As I have explained in earlier script that health reasons I am not in a position to move.
No 1 bed houses in the area, but a Flat would be £90k.
I don't think you have considered anything with regards my health.
I am in constant pain and unable to get hospital treatment until my BP is low enough to consider me for the treatment. My treatment was cancelled this week by the surgeon because my BP was too high. Until this part is sorted out I am unable to get the treatment I urgently need. Are you reading the script? I feel that I have to repeat my case to get any reaction. It seems that I would be better off making my own application if that is allowed and argue my own case in front of a judge. It is incorrect of you to assume that we are both living a reasonable life in such a big house. The house has one bathroom, one kitchen etc. The situation favours the female in these cases, but I intend to argue my case. Apologies if I appear abrupt but I am in a great deal of pain at present.