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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34589
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My wife is refusing to sell our home ( I own 60% of it) my

Resolved Question:

My wife is refusing to sell our home ( I own 60% of it) my business is reducing by the month in terms of income ( I am self employed) consequently I am struggling to cover the costs ( my wife is off work with depression and there is little prospect of her returning anytime soon.) do I have any legal leverage to force her to sell? She also has 20K in savings that she is refusing to use to support us. We have one child of 13 years. This situation occurred 5 years ago and it resulted in my having to file for bankruptcy and consequently lost my French property in order to save this home.Thank you.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
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?
How much is the monthly mortgage payment and what income do you each have?
Do you consider the marriage to be at an end?
Clare
Customer: replied 3 years ago.
House is 600, 000. Mortgage is 420,000, she is off work with depression so only statutory pay. I earn around 240,000 a year gross. I consider the marriage ended but she is clinging on because she needs the money from me to maintain her spending, she also has 20,000 in savings which she refuses to use to help out. She is also refusing to allow me to look at the joint account, I put 3000.00 a month into this account.( I took myself off the joint account after the bankruptcy . Thanks
Expert:  Clare replied 3 years ago.
Hi
How long have you been married and why do you think you are entitled to 60% of the equity?
How much would a two bedroom property in the same school area cost to buy?
Clare
Customer: replied 3 years ago.
I can see the rest now. Two bedroom would cost around 200 K roughly
Expert:  Clare replied 3 years ago.
Hi
Who has the day to day care of the child?
Clare
Customer: replied 3 years ago.
We share it, I work from home. When I travel my wife does it.
Expert:  Clare replied 3 years ago.
Hi
Are you willing to start divorce proceedings?
Clare
Customer: replied 3 years ago.
Tough question, she is suffering from depression so I wouldn't want to further contribute to this, but also this doesn't feel sustainable for me. So not now, perhaps in a year from now.
Expert:  Clare replied 3 years ago.
Hi
I am afraid that you cannot force the sale of the property without your wife's agreement or an Order from the court within divorce proceedings
If there is a sale then I am afraid that the priority will be the housing needs of your wife and child and it is likely that she will receive all the equity to purchase another property - you will have to wait for your share - likely to be in the region of 40% at most - until your child is 18.
The only leverage you have is to refuse to pay the monthly money into the account until you see the bank statements
I appreciate that this is not good news - do please ask for any further details you need
Clare
Clare and other Law Specialists are ready to help you
Customer: replied 3 years ago.
Thank you, XXXXX XXXXX news but at least I know where I stand.