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Elliott, LPCC, NCC
Elliott, LPCC, NCC, Psychotherapist
Category: Relationship
Satisfied Customers: 7664
Experience:  35 years of experience as a Licensed Professional Clinical Counselor, National Certified Counselor and a college professor.
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My daughters husband has decided to end the marriage, they

Customer Question

My daughter's husband has decided to end the marriage, they have 2 children 15 & 5 yrs. He wants to sell the house asap. She is not happy to do this as this will leave them homeless and insufficient equity and low salary, childcare expenses etc. He earns good salary but told her if she doesn't agree to immediately put house up for sale will stop paying mortgage. He refuses to leave the home but being very verbally agressive and threatening towards her.
Does he have the right to demand house sale?
Submitted: 4 years ago.
Category: Relationship
Expert:  Elliott, LPCC, NCC replied 4 years ago.
Seeking expert testimony is a sign of strength. A personal relationship with a caring professional is proven clinically effective

Dear friend,

I am so sorry to hear that your daughter's marriage is in great distress. You may try to get them to go to a licensed marriage and family therapist together. If he is adamant, take heart because there are laws that protect her rights.

When people get married they will enter into a marriage contract that gives them certain rights. It is a legally binding document that give the married couple certain rights. Married rights include financially supporting each other and responsibilities for child support.

There are also legal rights involved regarding state benefits and pensions from the contributions of a spouse, and can be enforced if the marriage breaks down.


Another important right supplied by a marriage contract is parental responsibility, if a child was born while the parents were married. In that case they both have joint responsibility of the child.

Furthermore,under the law of marriage contracts a spouse has the right to live in the matrimonial home even if they are not the actual signed tenant or pay the mortgage. This right is given under the Matrimonial Act of 1983. This ace gives rights under a marriage contract regarding property and the death of a spouse and rights regarding wills and estates.

If he is threatening her, she can call the police and get an order of protection for her and her children.

She would be wise to speak with a solicitor about the details. She has rights and they cannot be taken away from her unless she gives them up because she doesn't understand that she has them.

Stand up for what is right.

I wish you great success and God's protection.


Warm regards,

Elliott Sewell, LPCC, NCC, CCMHC
Elliott, LPCC, NCC and other Relationship Specialists are ready to help you
Expert:  Elliott, LPCC, NCC replied 4 years ago.
Thank you so much.