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SASH_Law, Lawyer
Category: Law
Satisfied Customers: 4044
Experience:  LLB (Hons)
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Sash, I am afraid I don't have signal where I live and money

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Hi Sash,Hello, I am afraid I don't have signal where I live and money is very tight until the end of the month.She is wanting to stay in the house until she has completed her first year of her new business as she has set up on her own (family law practice) - she wants to do this because she doesn't want to rent but get a mortgage after the sale of our home. The end of her first year of business is in October, we are in February now and that could take until next February at least for her to

Hi, I’m Lea and I will be assisting you with your query today.

Unfortunately in your circumstances, you cannot sell the marital home without her consent if you are joint owners, and in my view it is extremely unlikely that you are going to be able to get a financial settlement agreed in court before October, so the situation is going to continue until you can either agree together to sell, or until a court orders a sale.

The first step is to start divorce proceedings, and then you can try mediation to see if you can agree on the house finances, and if not, once the decree nisi has been pronounced, you can use the court to decide the finances.

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Customer: replied 15 days ago.
Thank you for you swift response. I am just trying to digest this all and work at the same time, it's a very difficult time, I thank you for your patients Lea

You're welcome

Customer: replied 15 days ago.
After we are divorced, is there anything she can do to stop the sale of the house then? I will be looking to call you after I get paid this month, but for now I appreciate you answering some of my concerns

Once the court orders a sale (if that is what it ends up doing), then there will be deadlines to meet, so if she does still stall you will be able to apply to court for the judge to sign if she is refusing to sign.

I don't do calls.

Customer: replied 15 days ago.
Ok I see, it's better for me on-line in this format as well. We want to keep it amicable as we have known each other since we were 3 years of age, we are both 37 now with a 2 year old. I have agreed to give her the extra £200 a month as well as paying my half of the bills and go shopping for her each week (as I previously said) - I proposed we wait until July/ August to put the house on the market, which should coincide nicely with the end of her first year of her business, enabling her to go for a mortgage rather than rent. Am I right in presuming that she needs only 1 year's of accounts as she is MD of her firm to obtain a mortgage?

What she needs for a mortgage will depend on the mortgage company.

Please remember that a thread is for one topic, not multiples, you need to open new threads for new topics, not least because if you are asking about an area of law that does not coincide with the query I have answered, I may not be able to answer it.

Customer: replied 15 days ago.
Sure I understand

No problem.

SASH_Law and other Law Specialists are ready to help you
Customer: replied 15 days ago.
Thank you for your assistance for now Lea, you have been very helpful. I will be in touch soon

You're very welcome.

All the best.