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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 7234
Experience:  Barrister at law
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Ross If my husband is not will to shift or negotiate on the

Customer Question

Hello Ross
If my husband is not will to shift or negotiate on the sale of my flat which is is my name,
A forced sale order can that be applied for if I am not divorced?
Submitted: 21 days ago.
Category: Family Law
Expert:  Leyla Shahin-Mehrube replied 20 days ago.
Hello
A sale would only be forced upon divorce if the property is in your sole name. However, he can place a restriction on the title of the property to prevent it being sold by you before divorce.
Please rate my answer.
Customer: replied 20 days ago.
Following on from my previous message, Can I sell if I give my husband the option to move into the new house ? is there any way round this if I give this option i? ( bearing in mind we are still married)
Expert:  Leyla Shahin-Mehrube replied 20 days ago.
You can sell if he agrees but the net proceeds will be calculated as part of the matrimonial assets until there is a signed and sealed financial consent order
Customer: replied 20 days ago.
Can you please explain to me more about the financial consent order
Expert:  Leyla Shahin-Mehrube replied 20 days ago.
of course. Basically in order to cut off your financial ties from each other and prevent either party from ever claiming money from the other, you both need to disclose your finances , ie show the last 2 years of bank statements etc and then agree a fair financial split . Once you have both agreed, all the terms must be stipulated in an agreement that you both sign and then send to court for a judge to approve and seal. Once you have this legal document in your hands you can feel assured and safe that he will never claim anything from you. This financial consent order needs to be done at the same time as a divorce.
Customer: replied 20 days ago.
What does the partner who has the least savings etc get?
Customer: replied 20 days ago.
I have two very young children aged 7 and 3 ( boy and a girl)
Expert:  Leyla Shahin-Mehrube replied 20 days ago.
There is no set formula in splitting assets. The pot includes all the assets in the marriage and the split between parties always starts from a 50/50 split and this split changes according to the needs of the parties. I.e if the children are staying with you then your needs will be higher and therefore entitled to a larger split. At the end of the day it depends the amount of assets there are in the marriage to split
and the needs of the parties. Every case is different.Under section 25 of the Act the matters to which the Court is to have regard in deciding how to exercise its powers are as follows: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;
The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
The standard of living enjoyed by the family before the breakdown of the marriage;
The age of each party to the marriage and the duration of the marriage;
Any physical or mental disability of either of the parties to the marriage;
The contributions made by each of the parties to the welfare of the family, including any contribution made by looking after the home or caring for the family;
In the case of proceedings for divorce or nullity of marriage, the value to either of the parties to the marriage of any benefit (for example, a pension) which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.
Your first step would be to approach a family mediator who can give you a more accurate guideline after financial disclosure.I hope I have helped. Please leave me 5 stars so that I rather than the website can gain credit for my time.
Expert:  Leyla Shahin-Mehrube replied 20 days ago.
You will need enough assets to house yourself and your 2 children ie a 3 bedrooms house. If there are not enough assets in the family to sell the house then the house can be sold when the children are 18 abd divided up then. The children’s needs always come first.
Customer: replied 19 days ago.
If I start divorce proceedings can I obtain a forced sale order or any other order to sell my flat ? ( my name) or is it only given once divorce is official? That will be a long delay
Expert:  Leyla Shahin-Mehrube replied 19 days ago.
Hi you can sell your flat now if he hasn’t put a restriction on the title.
If he has put a restriction on the title you can sell your flat if you have both agreed to it in a financial consent order or if a judge forces it.
Customer: replied 19 days ago.
My husband has not put any restrictions on. If he did how would I know?
Would I have to get him to sign anything? I mean the other side would the solicitor have to have his signature?
Customer: replied 19 days ago.
Just a reminder I am married still. My worry is , if the sale and exchange goes ahead . Right at the end if my husband says I’m not going to vacate what can I do ? How can I resolve that?
Expert:  Leyla Shahin-Mehrube replied 19 days ago.
You would receive a notice from the land registry if he put a restriction on the title . You can also download the title from the land registry website to see if there are any restrictions . No the solicitor will not require his signature upon sale as the property is in your sole name.Yes you may have problems getting him to vacate the property. You could apply for an occupation order if there is domestic violence or go down the eviction process.It would be prudent to sort out the finances first ie who gets what and when before taking such action.
Customer: replied 19 days ago.
He has been emotionally abusing me . Can I apply for that order then if I have problems getting him out.
Trust deed is my mums name .
Expert:  Leyla Shahin-Mehrube replied 19 days ago.
Emotional abuse is also classed as DV. Which trust deed is this?
Customer: replied 19 days ago.
Trust deed for my flat. I’m on the title deed and my mum trust deed.
Expert:  Leyla Shahin-Mehrube replied 19 days ago.
Do you mean the mortgage
Customer: replied 19 days ago.
Mortgage is my name. My mum helped me with purchasing the flat. The title deed is in my name. After I had a trust deed made which for my flat so she has half the share
Expert:  Leyla Shahin-Mehrube replied 19 days ago.
Ok I will opt out here for another professional to answer this.
Customer: replied 19 days ago.
Can I ask you something about domestic violence
Customer: replied 19 days ago.
You mentioned I can apply for a occupational order , can that be done at the time if my partner does not vacate?
Customer: replied 19 days ago.
How long does that take to get that order?
Expert:  plclegal replied 19 days ago.

Hello, my name is***** for your patience.

I’ll do my best to assist you today and I’m sorry that you are going through this. I appreciate that is is important that you find a resolution as soon as possible.

Please note that our discussions on this site are for general information purposes and do not create an lawyer-client relationship. It is always recommended that you consult with a local solicitor for specific legal information. You may receive a phone call request which is from the site, not me, and you may choose to ignore this request.

Please be patient with me as I am generally assisting multiple customers at once and this is an email service, but will I will review your question and respond to you as soon as I can, as your question is very important to me. I hope that I can help you resolve your issue today.

Expert:  plclegal replied 19 days ago.

As a victim of domestic violence you can apply for a non-molestation order and occupation order from the family court at short notice if the need is urgent. This could be by way of a without notice hearing.

If you are applying for an occupation order only, the court would list it as an on notice hearing and it would take a few weeks to get a court date as both sides need to be given the opportunity to present evidence.

The form to apply is here: https://www.gov.uk/government/publications/form-fl401-application-for-a-non-molestation-order-occupation-order

There is no cost to apply.

Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter

Customer: replied 19 days ago.
Thanks. I’m fed up with the emotional abuse I face. I’m desperate to sell my flat in my name asap. I have 2 kids 7 and 3. From what I’ve been told on here, I can sell even if my husband lives in it?
I pay the mortgage and there is a trust deed which is in my mums name so she owns half . She helped me pay to buy it.
Can you please advise the best route for me? Eviction process a solicitor told me is an option. Is that better for me. My worry is after exchange of contract he doesn’t leave. That’s what I need help with. Please advise what’s better for me?
Customer: replied 19 days ago.
My question, I just sent is for pic legal
Customer: replied 19 days ago.
PLC legal. Hello thanks for your reply. I posted another message for you. I did not put your name on it I did that in the text I sent after. Can you please deal with my message?
Expert:  plclegal replied 19 days ago.

Thank you - can you please post this as a new question rather than reposting in the same thread. Thank you in advance.