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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10726
Experience:  I have been practising for 30 years.
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I'm seriously considering splitting up with my wife. I would

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Hi, I'm seriously considering splitting up with my wife. I would like to know about financial aspects of this. We own a house, mortgage paid off and no other debts. We have 2 grown up children, 24 and 18 years old respectively. I suspect my wife won't be too co-operative with regards ***** ***** out what to do with the house. Ideally I'd like to be able to sell up, split the proceeds and move on. Any advice would be gratefully received

Hello for background info - how long have you been together and married in total? thanks

Customer: replied 7 months ago.
Got married June 1989

Thank you. The fact that your wife may not cooperate is really neither here nor there. You have no dependent children and if she won’t agree to the finances on the house and the split of that and everything else, it’s going to end up in court and if she has solicitors that is going to cost her dearly. If she refuses to acknowledge any divorce petition, you can ask the court to dispense with service and she will end up getting divorced anyway.

In situations like this, with no reason why she should hang onto the house and if she won’t buy you out or won’t deal with it, then you can apply to the court for an order for sale as part of the divorce proceedings and the court will order the property sold. If she has been particularly obstructive you can ask the court to award costs against her on the basis of her unreasonable behaviour.

It doesn’t matter who is divorcing who or why and it doesn’t matter whether the house is in one name or joint names, the financial split is going to be exactly the same after a marriage of this length, unless there is a great disparity in incomes and finances, it’s likely to be split down the middle

.Can I clarify anything else for you? I’m happy to answer any specific points arising from this.

I’m happy to answer any specific points arising from this.

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If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.

FES.

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