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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 husband is threatening divorce and the sale of our home

Resolved Question:

My husband is threatening divorce and the sale of our home which is jointly owned but mortgaged. My business premises are in a separate unit in the back garden with full planning permission to operate as such.
Where do I stand as the sale of the house would mean complete loss of income to me. I set the business up 5 years ago after trying to get employment following redundancy and failed. I am aged 57 and starting all over again would be impossible especially as my health is now starting to suffer.
I could dig my heals in and refuse to co-operate with any sale but he could equally stop his wages and alone I could not afford all the bills.
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
As the property is jointly owned, and is the marital home he cannot sell it without your consent - as you will be aware.
However, if he does pursue a divorce (or if you do) a financial settlement will need to be reached in relation to the matrimonial assets - if no agreement can be reached then either of you can submit an application to court for a court to decide on an equitable settlement, which could include a sale of the home and proceeds to be split between you.
When deciding what sort of split should take place (both in relation to the home and the wider assets), the court looks at the following criteria:
1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;
2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
3. The standard of living enjoyed by the family before the breakdown of the marriage;
4. The age of each party to the marriage and the duration of the marriage;
5. Any physical or mental disability of either of the parties to the marriage;
6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;
8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.
It is therefore likely that if you are unable to buy his share out, then a sale of the property will be required and you may need to think about how else you are to run your business. If the sale results in a loss of income for you, then at least for a short time you would be able to request spousal maintenance until you are able to obtain an income yourself.
Please let me know if you have any further questions regarding this.
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I have been a family lawyer for more than 30 years.If you want some practical guidance on the issue I will need to know how much the property is worth and how much is outstanding on the mortgage?What other assets are there including pensions?What income do you each have?
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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