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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 6377
Experience:  Barrister at law
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My wife has moved in a new partner Into the (50/50) Fmh for

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My wife has moved in a new partner Into the (50/50) Fmh for 6 months and they are keen to remarry. We are approaching decree absolute with no financial order in place. She is refusing to sell the house, can I force it?
JA: What steps has your wife taken? Has she filed any papers in family court?
Customer: no
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does your wife live in?
Customer: hertfordshire
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No that’s the main point for now

Hello, my name is*****’ve been asked to look at this for you, thank you for your patience.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

Are there any children under 18 in the former family home?

Is there much equity in the property?

Customer: replied 4 days ago.
Morning, yes there is equity in the house. There are two children age 13 and 15
Simon
Customer: replied 4 days ago.
I did read that if she remarries before the financial settlement is done, I could get a court order to force the sale of the house, is that right?

I understand. No that's not really correct. You are both equal owners, and so both have the right to occupation and the proceeds of sale of course, but the court would not be happy with the proposal if a sale would make your children homeless.

So, how much equity is there?

Customer: replied 4 days ago.
Even if she remarried?
Equity 300k

What's the overall value in that case? Is her new partner able to take on a mortgage with her? Perhaps the most straightforward solution is a remortgage to release you and pay you an equity share, if she wants to remain there.

Customer: replied 4 days ago.
Does it make any difference at all if she has (a) brought in a new partner to cohabit for 6 months or (b) marries him?

Bringing in a new partner makes no difference, as far as I understand. However their income would be considered alongside hers as a household in a financial order application when deciding what was a fair split of the asset between the two of you.

Her remarriage would prevent a financial order claim being made for a share in marital assets, but then the position with the property would revert to simple joint tenancy, ie. still that you own the house 50/50 and an application for sale would have to consider the children's needs under trust law principles. I'm not saying an application to force a sale would absolutely fail, just that it's a) not a quick route and b) costly, with c) a chance that the court will refuse the application on the grounds of the children's need for a home under trust law principles.

In a lot of ways it makes more sense to litigate the issue through the family courts as part of a financial order application - the costs are lower, the timescales quicker - and your needs will be fairly considered, with the court taking into account her new partner's financial role here too (whereas in a simple application for sale in the civil court it is just between you and the other owner).

I can't see a good reason for not making the application now.

Customer: replied 4 days ago.
She was told by her solicitor that if she moves her boyfriend in with her, it would weaken her position when it came to the financial settlement.
My solicitor at the time told me the same thing, but I can’t see how it weakens her position. Please could you explain, thank you very much.

Yes, it weakens her position because his income is combined with hers and so her income needs are less when viewed by the court as a result. She also loses the right to claim any spousal maintenance.

Customer: replied 4 days ago.
What time do you work until?, as I would like to chat on the phone with you. I work for the NHS so hard to talk at work.

I can take calls outside of office hours if needed. Let me know when you are available and we'll see if we can find a mutually convenient time.

Customer: replied 4 days ago.
Great, how long does £44 get me please?

Calls are usually 15-20 minutes maximum. Obviously the price you pay is the site's charge and not the amount I would be paid directly for the call, so we have to be realistic about how much time we give to each call.

Customer: replied 4 days ago.
My ex-wife wants to settle without going to court, or go to mediation so her partner who lives with her does not have his finances disclosed. I wondering what would be in my best interest going to mediation or filing to the family Court? My ex-wife is very manipulative, and it does worry me to go to mediation as she will play that I’ve got nothing card. So do you think I should just file to the family Court?

You have to try mediation before filing in family court, so start with that. The mediator will not ignore the fact she has a new partner and should seek disclosure of their financial circumstances.

Customer: replied 4 days ago.
What if she refuses to go to mediation?

Then the mediator signs the court application to say she has refused and you apply straight to court.

Is there anything further I can clarify at this stage?

Customer: replied 4 days ago.
No you have been amazing, thank you so much!!

Happy to help!

If you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

I will remain available for any follow-up questions, should you have them.

plclegal and 3 other Family Law Specialists are ready to help you
Customer: replied 3 days ago.
Morning, I have a guarantor on my mortgage and my ex-wife is telling me but I only 3rd of the house, would you know if this is correct?

The deeds would tell you who the legal owners are. A guarantor does to necessarily mean that there is a departure from 50/50 shares, it depends if there is a charge registered in their favour and what that charge is.

You can check the deeds here: https://www.gov.uk/get-information-about-property-and-land/copies-of-deeds

Customer: replied 3 days ago.
Hi, I’ve just found out that the guarantor which is my ex-mother-in-law‘s name is ***** ***** deeds, but she has never contributed towards the mortgage as I have always paid it. By law is she in titled to a third of the house if we sell, or would the judge take into consideration in the family Court that I have paid the mortgage since the mortgage was taken out.
Customer: replied 3 days ago.
I was just wondering, because her mum‘s name is ***** ***** deeds of the mortgage and is financially stable, could that be taken into consideration on the final settlement?
Customer: replied 3 days ago.
if my ex mother in law is on the deeds of the mortgage and is financially stable could the court take her situation into consideration?

If you are all equal owners on the deeds then mortgage contributions don't change this I'm afraid.

Personally I don't feel the fact that the mother in law is a guarantor for the mortgage means that her financial circumstances will be considered relevant by the court, it's only relevant in terms of the share of the house that you each own.

Customer: replied 2 days ago.
If we go to the family court, how much of her finances do you they asked to see? And she’s told me she’s clean for a one parent family, and she her partner living there, and this is why she does not want to go to mediation or to court. She wants it to be settles between her and I.
Customer: replied 2 days ago.
Sorry, claiming for as a one parent family.
Customer: replied 2 days ago.
If we go to the family court, how much of her finances do they asked to see?as she’s told me she’s claiming for a one parent family, and that her partner living there which I already New.
She Has asked me asked me if we could settle this amicably between are selves. Could you please give me any advice?

The court would ask for disclosure of her partner's finances in addition to hers. It would be full and frank disclosure, all bank statements etc.

Customer: replied 2 days ago.
If the judge could see she was claiming for a single parent family, and that she has her partner living there, would he take this into consideration, and would this go against her.
Customer: replied 2 day ago.
If I have to wait until my youngest son is 18, to get my equity from the house, is there any way she can prevent this happening, i.e. could her partner have squatting rights?

The judge won't make decision on the basis of any claims she is making for being a single parent. They will judge t on the facts. If there is a court order for sale the other party (new partner) cannot override this.