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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 8138
Experience:  Barrister at law
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A question for PLCLegal, Two questions for you this

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A question for PLCLegal,
Two questions for you this afternoon. Firstly, my ex-wife is proposing that she will make a court application to force the sale of the house on the basis that we can no longer live together and have a right to move on as independent individuals. I know you can not give me a definitive answer but how would this stand up against my reasoning set out above?
Secondly, if one of us was to stay in the property and one move on what would be the rationale to decide who stayed and who left and what would the usual arrangment be regarding mortgage and so on?
Regards
Ed

Thanks for posting as a new question.

1. As you say, I cannot give a definitive answer, but it seems foolish to force a sale (also bearing in mind these application are not quick applications to get through the courts) when you would be happy to sell once the work is completed. Are you able to put a realistic timescale on that? Perhaps this is where you should be focussing energy as ultimately it will be better for you both to have it sold and move on, if that's the decision. If it did go to court I think you have a good case for trying to maximise sale value by completing the work, but you do have to be realistic about timescales and the work can't drag on indefinitely.

2. If one is to remain permanently, then the remaining party would have to buy the other out.

3. If this is a temporary move, then it would normally be the party crying fo rah children that remains in the family home. Though if you are carrying out the work personally, you really ought to be there to do that...

Customer: replied 1 year ago.
Thank you. Very sensible advice. It's very difficult to think rationally sometimes when personally involved in a situation.
With reference to point 3 above, would this be something imposed by the court or something to work out in mediation (something we are about to embark on)?

If you cannot work it out amongst yourselves then yes mediation may be the way forward. Also apologies for the random typos in point 3. Not sure what happened there...

Can I assist further today?

Customer: replied 1 year ago.
No I think I'm done for today. Thank you again and have a great weekend.

My pleasure.

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