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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2719
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have separated from my wife of ten years she has two adult

Resolved Question:

I have separated from my wife of ten years she has two adult children and is refusing to sell our marital home that I have paid for for ten years what are my rights
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you

-Whose name is ***** ***** in?

-How old are you both?

-How long have you been married?

-Do you have any children together?

-Who is now living in the property?

-What other assets do you both have (both sole and joint)?

-What are your respective incomes?

Customer: replied 1 year ago.
both names, I am51 my wife is 54, married for ten years no children together my wife and her two sons live in the property no other assets she earns £18k I have just started a new job self employed O.T.E £40k
Expert:  Harris replied 1 year ago.

How much is the property worth and what is the outstanding mortgage, if any?

Customer: replied 1 year ago.
500k and 260k outstanding
Expert:  Harris replied 1 year ago.

Thank you. Unfortunately, what the solicitor has advised you is correct. As you are joint owners, the property can only be sold by agreement and if there is no agreement then you will need to pursue a court application to sell the property. As you have separated, if you pursue divorce proceedings it can be done alongside the divorce as a financial relief application

Initially this should be attempted through mediation - you can find independent mediators here: http://www.familymediationcouncil.org.uk If a settlement is agreed this can be submitted to court under a consent order (together with a D81 form outlining your respective financial positions).

If mediation does not progress you should then proceed with an application to court under Form A for financial relief.

You will both need to provide each other with full and frank financial and income disclosure, as well as disclosure of your reasonable needs. The Court's starting point is a 50-50 split of all matrimonial assets and ensuring that both your needs are met in relation to both assets and income. The criteria considered is:

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.

If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

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