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ReadyLaw, Lawyer
Category: Family Law
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Experience:  Bar Professional Training Course
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Can my ex husband force me to sell out house. We have 2

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Can my ex husband force me to sell out house. We have 2 young children together and I am soley paying thr mortgage and bills
JA: What steps have you taken? Have you filed any papers in family court?
Customer: He has filled for divorce
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: East yorkshire
JA: Anything else you want the Lawyer to know before I connect you?
Customer: He hasn't paid anything towards the house for a year now

Hello, this is Readylaw, welcome to Just Answer.

I have been a legal expert on the site for several years and my goal is to provide you with the best experience possible and answer any questions which you may have about your current situation. Your satisfaction is my top priority! Please note this site is for general information for educational purposes only and does not constitute legal advice. Communicating with an expert on this site does not establish an lawyer-client relationship and it is always in your best interest to retain legal counsel, if you have a current legal matter, that you need help with.

Please allow me a few moments to reply with my initial answer. I am here but need time to read what you shared above, type and respond to you. Feel free to ask any follow up questions as needed until you are satisfied.

Thank you for your enquiry and your patience.

Your ex really cannot force you to sell the property. You do not have to agree to selling it if you do not think this would be in the best interest of the children and yourself. The truth is he is entitled to an interest in the property, it being the matrimonial home. What you may therefore opt to do is to remortgage the property in your name only and arrange to pay him his interest in the property.

I know this is sometimes difficult, or, you may be faced with the challenge of the mortgage company not being willing to agreeing to you taking out the mortgage only in your name. The alternative proposal in these circumstance is to ask the court to order for him to have his interest deferred to a particular date. So, for example you may ask for the court to order that you are allowed to stay in the property until the children reaches the age of 16 or 18 at which the property should be sold for you to pay his interest or if, you are able to remortgage at that stage you be given the opportunity to do so. The court is often willing to make orders such as these if you are able to persuade it that to rule otherwise would affect the children negatively. For example, you could say it would force you to relocate, it would disrupt their lives, it would cause them to have to move away from friends and families which would further affect them at a time when they are struggling with the separation. These types of orders are not unusual.

Can I clarify anything for you?

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 16 days ago.
That's brilliant thank you very much

You are most welcome!

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