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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I've been married 34 years. I want to divorce my husband.

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Hello, I've been married 34 years. I want to divorce my husband. The problem is my elderly, sick parents live with us in a granny flat. Can my husband force a sale on the property or can we divorce and co-exist whilst my parents are still alive?
Thank you,
Jane Mobey
Hi, thank you for your question. Please confirm who owns the property, the value of the property, and any mortgage. Do either of you have any other assets and properties, and do you have any dependant children?
Customer: replied 2 years ago.
We don't have any dependent children. We have a joint mortgage with £50,000 remaining. The value of of the house is £300,000. My parents gave me £50,000 4 years ago to use to have the granny flat made. Other than that they don't have any legal financial interest in the property.
Customer: replied 2 years ago.
We don't have any other assets or properties
Thank you for confirming. As the property is jointly held between you and you are living there as the marital home both you and your husband have a legal interest in the property and a right to occupy it. However, you also have your parent's residing with you who appear to be dependant. As part of the divorce you will have to reach a financial settlement which will deal with the property. The court will look at needs and contributions towards the property to decide what a fair split of the property should be. If you are unable to move out of the property you can request for there to be a court order to delay any sale of the property until a trigger event, for example your parent's finding alternative accommodation or other triggers that you think may be suitable. Please provide a positive rating if you found this information helpful. I will not be credited with answering this question without a positive rating. Thank you
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