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familylawexpert, Family Solicitor
Category: Family Law
Satisfied Customers: 311
Experience:  Substantial experience (14yrs +) in divorce, financial cases, cohabitation, pre-nuptial agreements and civil partnerships.
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my son separated from his wife 4 years in June, they have a

Customer Question

my son separated from his wife 4 years in June, they have a son who is now 5, they have a 4 bedroom house which is in joint names which she is currently renting while she lives with her boyfriend, she refuses to sell the house because it has been valued at £160,000 and they owe £150,00 on the mortgage. When trhey bought it she put down £20,000 deposit which she is insiting on having back. My son now rents and wants to get back on the propery ladder, he has taken nothing from the house except his clothes and books. She rented the marital home without his consent and has not informed the building society. Is it worth going to a solicitor to try and get her to sell, he is worried that it would be very costly and that she won't have to sell. He wants a divorce and the mortgage sorted so that he can move on, he has his son 4 nights a week.
Submitted: 4 years ago.
Category: Family Law
Expert:  familylawexpert replied 4 years ago.

My name is Mac and I can help with your question.

Firstly, can I just check that your son is primarily concerned simply to get himself off the mortgage (and house deeds), and is not seeking a share of the sale proceeds?

Customer: replied 4 years ago.

he does not want any money or items from the home, he justs wants to come off the mortgage, his wife only works part time self employed and is unable to mortgage the house herself



Expert:  familylawexpert replied 4 years ago.
And did they not resolve their financial claims at the time of the divorce? (in which case there would be a financial order).
Customer: replied 4 years ago.

they have not yet had a divorce, they are wanting one now but she insists she won't sell the house and wants him to stay on the mortgage, if he don't she has told him he won't see his son

Expert:  familylawexpert replied 4 years ago.

Your son's wife and their son have their housing needs met by the home in which they currently live.

If the wife 'needed' to actually live in that house then your son might be in more difficulty trying to get it sold, but I am confident that a Court would definitely order the house to be sold (unless the wife was able to get the bank to agree to let her transfer the property and mortgage) into her sole name. So your son would definitely be able to achieve that goal.

As for the wife's threats, the court would not let her restrict all contact, and if they couldn't agree contact arrangements, then a court would impose arrangements that it thought were fair and in the child's best interests (which includes good contact with both parents wherever possible).

I hope that is helpful.
Customer: replied 4 years ago.

are we talking about a lot of money to go to court

Expert:  familylawexpert replied 4 years ago.
Not if he chooses to represent himself, which many people do these days. That would mean c. £500-1,000 in court fees.