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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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My other halfs wife says she will never move out the marital

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My other halfs wife says she will never move out the marital home (he's renting a flat ) or get divorced what should his next step be?

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

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

-How long have they been married?

-Do they have children together, if so how old?

Customer: replied 1 year ago.
It's in both names only from 3/4 years ago they got equity realise on it so he had to put her on there was his up until then from 1990 6 years this month married separated for over a year ... No children one step child 27 living in house also

-How old are they both?
-How long have they been married?
-What is the value of the property, and any outstanding mortgage?
-What other assets and pensions do they both have (both sole and joint), together with values?
-What are their respective incomes?

Customer: replied 1 year ago.
He won't tell me any of that

Thanks, ***** ***** information is necessary as part of a financial settlement between them.

In England, if he is pursuing a divorce under unreasonable behaviour then he does not need her consent to proceed with this. Furthermore, despite her saying that she will never move out, if a court agrees it is necessary and appropriate they can order a sale of the property.

As part of the divorce they will need to reach a financial settlement, initially this should be attempted through mediation - you can find independent mediators here: 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 once the divorce petition has been issued.

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

Customer: replied 1 year ago.
Thank you for confirming what I knew to be correct! He is 71 and she is 61 ..... He helped her open a business (think another reason they got equality realise on house) and he was guarantor for the rent on shop. She just closed it down and now he is paying 1500 a month for the empty property ..... It's a right mess

Thank you - either way he will need to proceed with legal action if they cannot reach an agreement.

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