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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33313
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I married my partner of 6 years just 4 months ago and he now

Customer Question

I married my partner of 6 years just 4 months ago and he now is talking about selling a couple of the properties we both own and bought in the last 6 years. He has a lot more money than I and therefore put more capital in both properties, in fact I only put capital in one of the properties. I also own a property outright.
His divorce from his x wife is such that he had 6 years to pay her off. He has been paying her for the last 4 years and has another 2 years to go at which time he will have to find a substantial amount of money to finalise the divorce settlement. His intention was to sell a property (in his already large portfolio, excluding ours) each year to raise the funds and to avoid paying too much Capital Gains Tax, but he hasn't sold a property in 3 years. He is now suggesting we sell two of our properties. Although he hasn't said why but my guess is that he is trying to raise the funds to pay off his ex wife without touching his properties which incidentally are still in joint names with his ex wife.
He has around 6 properties in his and his ex wife's name, 3 of which are in the names of him, his ex wife and his sister in law. The house his ex wife lives in with her new husband is also owned by my husband and he pays the mortgage. All fine and above board and was part of the settlement agreement so that she did not go after any of his business interests.
My question is: Can he force me to sell even thought there is no document to say he put in more money than me on any of them and we own them 50% 50%
He is also 2/3rds owner of other properties that could be sold to raise his divorce settlement money without touching ours.
It seems that he is not interested in selling any of his other assets to raise his divorce settlement and what we've started build up instead.
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.
Have you challenged him on the issue and if so what explanation has he given?
Clare
Customer: replied 2 years ago.

Yes I have, he said that he doesn't want sell the properties as they are a good income revenue. The property's we have equally attract a very good income.

He is a control freak, I believe that because our property's, have gone up in value and I own half he doesn't want me to have access to money. He insists that I put all my income into a joint account, whereas he puts just 25% of his income.

Expert:  Clare replied 2 years ago.
Hi
Forgive me - I have to ask - do you wish this relationship to continue?
Clare
Customer: replied 2 years ago.

Yes I do however, he is becoming very demanding of his wishes to sell our biggest asset. Which is becoming a problem between us.

Expert:  Clare replied 2 years ago.
Hi
Legally as a joint owner of the house he can apply to the Court for an Order for the sale of the property at any time - although it is hard to see how your relationship could survive the application.
One alternative option would be to suggest that if this property is sold your name is ***** ***** one of the other properties instead of his ex.
Please ask if you need further assistance
Clare
Customer: replied 2 years ago.

If he were to insist on selling the property, would he be entitled to more than half since he put more money into it? althought it is legally joint ownership with no conditions.

Expert:  Clare replied 2 years ago.
Hi
Not unless you actually agreed to this at the time the property was purchased.
Clare

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