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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 994
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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What are the options person wishing to sell a property

Customer Question

What are the options for a person wishing to sell a property because of the unsuitabity to meets the needs of co owner's disability who does want to sell.
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 today.
Please may I ask:
- is the property held as Joint Tenants or Tenants in common?
- are there any children involved?
- how much equity is in the property?
- please detail further in respect of the property not meeting needs?
Kind Regards
Caroline
Customer: replied 1 year ago.
The property is I think joint tenants. The equity is 100percent.My wife is the joint owner who is disabled and unable to get upstairs to use normal bedroom or whet room. Her bed has to be in the living room rendering the house unsociable.The washing and toile ting has to take place in. The said room. Careers attend 4 times a day which adds to the problem
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
Just to clarify for me:
- you want to sell as you do not think that the property suits your wifes needs - but your wife dies not want to sell - is this correct?
- other than this issue - how is your marriage? are you considering divorce or separation?
Kind Regards
Caroline
Customer: replied 1 year ago.
It is correct my wife does not want to sell.We are not considering devoice, separation may be an considered if it aids solving the problem.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
Your home is a matrimonial asset. Since the property is in joint names - it cannot be sold without both of you agreeing to the sale.
If you were to divorce or judicially separate then you could make a claim in respect of the matrimonial finances.
There is a set process for dealing with matrimonial. Initally you go through a process of full and frank disclosure. All assets and liabilities are included. Therefore the matrimonial home would be included but also any other assets including pensions.
The normal rule for division is 50/50 but there are factors which can lead to a departure of this rule. A few such examples are the earning capacity of both of you for the future and future health needs. It may be that your wife will argue for a larger share given her health needs.
It is often accepted that the matrimonial home is the main asset. The courts will often agree that the house should be sold and the equity realised so that both parties can downsize - as long as this covers both parties needs.
If you are not thinking of divorce or Judicial separation - then you could consider separation and agreeing a separation agreement with your wife - please do however note that if your wife is not willing to agree then you are going to have to consider divorce / judicial separation in order to be able to make a financial claim to have the house sold.
A good idea would be for you to refer this matter to mediation. Mediation is a way to help resolve issues without the need for court proceedings. There are lots of mediation services and there will be one local to you. One such national service is www.nfm.org.uk
Please do not hesitate to ask if I can clarify anything for you.
Kind Regards
Caroline
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