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Stuart J
Stuart J, Solicitor
Category: Family Law
Satisfied Customers: 23698
Experience:  Senior Partner at Berkson Wallace
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I am wondering if you can give me some advice or point me in

Customer Question

Good Morning. I am wondering if you can give me some advice or point me in the right direction please.
JA: What steps have been taken? Have any papers been filed in family court?
Customer: My marriage broke down in 2009 and my husband at that time completed divorce papers which stated that I could remain in the family home which is jointly owned, until our daughter reached the age of 18. She reached 18 last June, 2020 and now my ex husband is pushing for me to either sell the house or buy him out. I am very poorly as I was diagnosed with Rheumatoid Disease in 2012 and my health has deteriorated to the point that I have had a stairlift fitted in the property. I work full time however not sure how much longer I would be able to do this, therefore I am not in a position to buy him out.
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: Middlesbrough area
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Just that I lived in this house 10 years prior to meeting my ex husband therefore I was given a large discount to buy the house from Middlesbrough Council. The past 10 years I have maintained the house ie repairs
Submitted: 10 days ago.
Category: Family Law
Expert:  Stuart J replied 10 days ago.

Hello. Thank you for the question. It is my pleasure to assist you with this today.

Please bear with me as I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

Are you saying that you dont wish to sell the property but cant afford to give him his share?

Customer: replied 10 days ago.
I want to remain in my home as I’ve lived here 30 years. Due to my health issues I would not want to take on a mortgage to give him half of the value of the property.
Expert:  Stuart J replied 10 days ago.

I’m sorry to say that it’s not a case of not selling the house in him getting nothing, it’s going to be a case of how much he gets out of it.

You presumably split up when your daughter was approximately six years of age although you don’t say how long you were married for before that and how long you would together before you were married.

Whilst you may have owned the house for a considerable period of time before you got married, getting married cements the husband’s financial interest.

The court will certainly take into account your needs but all it would do is adjust the division of proceeds in your favour.

So I’m sorry to say that it really comes down, as I said earlier, to negotiate with him as to what he gets out of it because in my opinion you keeping the whole property and him getting nothing is not on the cards.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Customer: replied 4 days ago.
Good Morning
Please could you advise me on the following :
After careful consideration I have decided to look for rented accommodation and put the house on the market once i have secured alternative accommodation. It stated in our divorce agreement that once my daughter reached the age of 18 my ex could request that I a) buy him out or b) put the house up for sale and divide the monies.
I have decided on the latter however i will have to have to wait some time as i specifically need a 2 bed bungalow due to my medical needs and i want to move to a decent area, i don't just want to move anywhere.
My question is would my ex have to wait until i have found suitable accommodation before he can force the sale of the house?
Expert:  Stuart J replied 4 days ago.

It really depends on how long it takes for you to find suitable accommodation and if he threatens to force a sale of the property, then agree to sell it.  The court application could easily take up to 12 months depending on the court load and then the property needs time to sell.

You could also ask the court for some indulgence with regard to time because of your disability and your needs.

So provided you are agreeing to sell, and simply doing it slower because you haven’t found anywhere to move, it would be remiss of him to make an application for an order for sale and you could in those circumstances as the court to order him to pay all the costs on the basis of his unreasonable and premature behaviour.