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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 837
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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Good morning, My wife and I share a joint mortgage. I wish

Resolved Question:

Good morning,
My wife and I share a joint mortgage. I wish to sell the house and my wife refuses to even discuss a sale. I have recently underwent life changing surgery for stage 4 throat cancer and can no longer work to generate an income.
What can I do from a legal perspective to initiate the sale of our house
Thank you
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
Please may I ask:
- how long have you been married?
- are you considering divorce?
Kind Regards
Caroline
Customer: replied 1 year ago.

I have been married 20 years.yes, I am considering a divorce

Expert:  ukfamilysolicitor replied 1 year ago.
Ok
Ty for confirming that for me.
A few more questions:
- what is the equity in the matrimonial home?
- what are the other assets?
- who will be the main carer for your children?
Kind Regards
Caroline
Ps I'm going to go in a meeting shortly - so it may be a short while before I can respond.
Customer: replied 1 year ago.

The equity is a seven figure sum. No other assets to speak of. My wife will be main carer for children. I have recently had major surgery due to throat cancer and can no longer work as my voice box has been removed. I need cash from my share of equity to re build my life. I appreciate the need to also provide for children etc

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for confirming this for me. I will now prepare you a full answer - this will be with you in about 10 minutes.
Kind Regards
Caroline
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your patience.
If you are considering divorce / judicial separation then you can also make a claim in respect of the matrimonial finances.
In relation to the matrimonial finances - The correct process for dealing with the matrimonial finances and division is to go through a process known as full and frank financial disclosure. Yourself and your wife would need to exchange full details of all assets ( including pensions) and liabilities before negotiations take place in relation to settlement. Everything is included in disclosure - all assets and all liabilities.
The normal rule for division is 50/50 however the matrimonial causes act sets out factors which could lead to a departure from this rule. A few examples are the likely earning capacity of both of you for the future, health needs, future care of children etc.
You should consider making a referral to a specialist mediation service. They can assist in relation to the process of disclosure and also in relation to negotiations about division. One such mediation service is the National Family Mediation service. www.nfm.org.uk
I note that you would prefer to sell the house. The courts primary consideration will be the housing needs of your children. I do however note that you consider that the house has substantial equity and you also have difficulties in respect of your health and that there are few other assets. It is likely that in your circumstances the court will agree that the property should be sold and both parties should downsize. I imagined that with the equity that you have detailed that your wife and children will not struggle to purchase another property that more than adequately meets their needs.
If agreement cannot be reached or your wife won't engage in providing full and frank disclosure then an application would need to be made to the court. You can not make an application to the court until you have at least attempted mediation first.
It is very important that no division of any assets takes place until a court order is obtained.
If division is agreed without the need to apply to court then you should submit a consent order for Judicial approval prior to division and obtaining decree absolute. Not doing so could leave you open for a future claim. Claims have been entertained by the courts decades after divorce / separation - so it is important that you deal with things properly.
A Solicitor can help you draft the Consent Order to protect your position for the future usually for around £300.
Kind Regards
Caroline
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