Ask a Family Law Question, Get an Answer ASAP!
Hello, my name is ***** ***** I’ll do my best to assist you today.
Please bear in mind as this is an email service and not live chat I may not respond immediately.
Does her husband agree that the marriage is over and agree to a divorce?
How much equity is in the property?
Do they both still work?
Do they have savings or pensions?
Thank you - and just to check, there are no children under 18 still living at home?
OK. The most straightforward route to achieving this is through applying for divorce, as the division of their assets can be dealt with by the family court - the fees are low by comparison and it is common for courts to make an order for sale in the circumstances that you have outlined. As soon as the proceedings are commenced and she has applied for a financial order, an interim application for sale can be made.
If this is something that she is simply not ready for, the remedy is an application for sale via the Trusts of Land and Appointment of Trustees Act 1996. This is going to be more costly (as it is a civil court application and there are various steps to go through) but if successful fees can be reclaimed from the other side.
I suggest that she makes an appointment for a consultation with a solicitor who can set out the two approaches so she can make an informed decision about which route to take.
In the interim, if her husband has been controlling and abusive, she can consider applying to the family court to have him excluded from the family home.
Is there anything in particular I can clarify at this stage?
In this situation, negotiation can be carried out through mediation, and then the courts will decide if there is not agreement. Mediation is relatively inexpensive. She will not need to engage a lawyer if she goes through the process herself.
This attached link is a really helpful resource for people going through this without a solicitor:
I hope this will help her get an idea of the process and how to navigate it.