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SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 6356
Experience:  LLB (Hons)
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My husband has left our marital home. We have no mortgage

Customer Question

Hello , my husband has left our marital home . We have no mortgage can he make me sell it. He has never worked , the money has been mine , but the house is in both names
JA: Was the home purchased during the marriage?
Customer: No , it was purchased 16 years ago with a mortgage , the deposit was from my previous property . We were not married at the time
JA: Were any marital funds used for the mortgage or property improvements?
Customer: My money was used for both
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Not that I can think of
Submitted: 5 days ago.
Category: Family Law
Expert:  SASH_Law replied 5 days ago.

Hello, how are you today? 

My name is Lea. It would be nice if you could let me know your name, so that I know who I am talking to. I am going to see if I can assist with your query. I may need to ask you additional questions and it is important for you to answer all the questions clearly, so that I have the information I need to give you an accurate response for your specific legal situation. JA is a Q&A website, and this ‘chat’ is email based, which means responses may not be immediate. Do rest assured however, that I will be providing you with an answer to your query today.

The site will offer a phone call, this is automated and it is important for you to know that I do not make calls. I will answer your query online.

Please confirm that you have read and understood this message and then we can begin.

Expert:  SASH_Law replied 5 days ago.

You haven't responded to me, so I will give you a general answer to your specific question. If you have more specific information to add, please do.

The marital home will be seen as a joint asset in the divorce, which means it, along with other assets accrued during the marriage (savings, pensions etc.) will all be open to be shared in the financial settlement.  Finances are only resolved after the conditional order is made (used to be decree nisi) and will not take effect until the final order (decree absolute) is pronounced.

Until you each have full disclosure it is impossible to say what the potential outcome will be, but as stated above, the starting point for a long marriage is 50/50. There is no magic formula to use, just the law in s25 and the judge’s absolute discretion on the final decision based on that law.

Find a mediator:

Section 25:

Form A:

Form E:

Find a solicitor:

Expert:  SASH_Law replied 5 days ago.

If I can clarify anything, please do ask.

Expert:  SASH_Law replied 3 days ago.

If you have new questions and wish to ask for my assistance, you can do so by putting FORCustomerONLY in the subject heading of a new thread. Alternatively, once you have rated this question, you will get the option to add me as a favourite expert from your membership page. Then, when you wish to ask me another query, you can simply type “@“ followed by my name in your next chat, e.g. @SASH_Law.

Please note that there is no need to respond to this message.

Thanks for using JA! All the best!