Hi, thanks for your question. To clarify, are you intending on separateing from your wife or not?
Thank you for confirming.
As the property is in joint names and is the matrimonial home, you cannot sell without her agreement or a court order. If she continues to withhold her agreement then an application to court will be necessary for the court to dispense with her consent and an order for sale to be made.
The court will consider all the circumstances of the matter, including firstly the needs of any dependant children both your needs.
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Apologies - there would be two options.
Firstly, if you decide to pursue a divorce, this can be done under Form A and the form can be submitted simultaneously with the divorce petition. The court fee for the petition is £550 and the fee for the Form A is £255.
Secondly, if you do not pursue a divorce, you can do this under Form N1 as a civil claim to force a sale under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) and a £355 court fee.
You could do this yourself, however, to make sure that the whole process and procedure is followed correctly, it would be helpful for you to be represented - especially if your wife cannot afford representation as you will need to negotiate and deal with her directly if you are unrepresented.
Given the potential contest of this issue I would suggest that this should be attempted through mediation initially - you can find independent mediators here: http://www.familymediationcouncil.org.uk