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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33281
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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We have been married for 12 yrs and together for 22 yrs and

Customer Question

We have been married for 12 yrs and together for 22 yrs and we own our home outright in joint names.There is no mortgage and there are no dependant children.My wife has moved out as the relationship has ended.I am still living in the property and am willing to continue paying the household expenses on my own and although I agree that my estranged wife is entitled to half of the property value upon sale I do not wish to leave my home what are my rights with regards XXXXX XXXXX here long term. No divorce proceedings have yet been filed.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Claire and I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
What other assets and debts are there and what income do you each have?
Claire
Customer: replied 3 years ago.

The house is worth approx £400-000 there is no mortgage as stated and I have no other debts although my wife has a credit card debt of approx £4-000 .My main concern is can I be made to sell.I earn approx £18-000 a year on PAYE however my wife earns approx £8-000 but supplements with cash in hand work ??
.

Expert:  Clare replied 3 years ago.
Hi Lawrence
I have bad news I am afraid
Eventually - should she take the matter to court - your ex will indeed be able to force the sale of the property and the equal division of the proceeds
She can do this either within the Financial side of Divorce proceedings - or as a separate property law application.
Unless you can persuade her not to apply the only way it could be avoided would be if you could raise the funds to buy her out
I am so sorry to give such grim news - please ask if you need further details
Claire
Customer: replied 3 years ago.

Can a court of law decide on the selling price and if so can I dispute this moreover how quickly can they make me sell and who incurs the costs.I do not dispute the equal share on sale but am not prepared to rush.Thank you for your previous quick response

Expert:  Clare replied 3 years ago.
Hi
It is not a swift process at all and if your ex does have to take action then it will be many many months before the Order for Sale is made.
If necessary the court can indeed set the sale price.
The costs of the sale will be deducted from the equity before division
Claire

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