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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33946
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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HiIf we are agreeing on a divorce and my husband wont agree

Resolved Question:

Hi If we are agreeing on a divorce and my husband wont agree to sell our jointly owned home, can I enforce this? The alternative is that I have to stay here under extreme miserable circumstances but he states he/we can afford to?? He is v secretive with money and has always refused a joint account so I have little of my own but he has the majority tied up in shares with spread bet companies.......help! Thanks

Can I ask please, as he has invested our shares in what I term high risk spreads, can I get his accounts frozen before he loses the lot?

He is a very difficult chauvinistic man and I work full time and he gives me nothing regularly but dos pay the bills...he will NOT have a joint account and goes out of his way to tell me we have very little but goes on plenty of expensive golf breaks....he has 'retired' but trades markets from home....

Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 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?
Clare
Customer: replied 2 years ago.

Hello Clare

We have no mortgage, it is in joint names and just valued at £730,000.

Does this help?

Also I work from home so in the interim, I have to stay here for that purpose plus have dogs which I could have a problem to move to rented accomodation....

Value of shares is approx £500,000 but this fluctuates and are largely in spread accounts though some with a broker account and largely in his name apart from one account in my name (for tax purposes? and value of £139,000........) He is also elusive as to where they are exactly as they move around alot. He has several accounts and also runs a gambling book with large amounts >10-15k transactions coming in and out based on football and other sporting spreadbetting.......so always difficult to get a clear answer at any one time.

Regards

Louise

Expert:  Clare replied 2 years ago.
Hi
How far has the divorce reached?
Clare
Customer: replied 2 years ago.

It hasnt.....I want one and so does he but, he will not agree to selling the house and as the bulk of the money is invested in this, I cannot move on.

Can you reply promptly please with suggestions as to how I can actually move forwards. I have given you as much information as I can.

Thank you

Expert:  Clare replied 2 years ago.
Hi
There is no reason to hold up a divorce because you cannot reach agreement on the house sale.
Indeed that is a good reason for starting the divorce so that you can , if necessary, apply to the court to deal with the financial issues arising on divorce and order a sale of the property
The starting point for the division of the assets is 50/50 and given the extent of the assets it is unlikely that the court will stray far from this.
However they have the power to do so and accordingly there is no need to try and freeze the accounts since there is ample equity in the house to protect your share of the assets
So you shoudl issue a Petition based on his Unreasonable Behaviour,
Invite him to discuss a Settlement using Family Mediation (www.familymediationehlpline.co.uk) and if that fails issue the Financial application
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Thanks for that - but if I issued a petition he will ignore it - literally ... can he be made to or forced to engage with it.

He is determined he will not agree to selling the house and has told me he will 'play dirty' regards ***** ***** money..and as he does have sole control of it, I want to know how I can protect my asetts which after 25 years are half mine ....

He wants to divorce but to him this means I leave the home if I wish as he is quite happy to stay in the current position leading his own life;

I dont - and want to separate and make a new life.

Please can you advise

Thanks

Louise

Expert:  Clare replied 2 years ago.
Hi Louise
Provided you chose the Unreasonable Behaviour ground all will be well.
He can ignore it to his hearts content - all you will have to do is arrange for him to be Personally served with the petition and it can go ahead anyway
Since your house is worth more that the other assets you have no need to worry about him "playing dirty" with the money.
He will have to account for where it went and if he cannot do so the court has the power to simply give you the house instead
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33946
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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