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JeremyT1020
JeremyT1020,
Category: Law
Satisfied Customers: 951
Experience:  Expert
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CAN MY HUSBAND FORCE A SALE OF HOUSE IF HE CANT GET A

Customer Question

CAN MY HUSBAND FORCE A SALE OF HOUSE IF HE CANT GET A MORTGAGE AS HE IS BLACK LISTED FOR FINANCE. WE ALSO HAVE A FLAT HE CAN MOVE INTO
JA: Has he talked to a lawyer about this? What country does he live in?
Customer: HE IS IN THE UK AND ALL PROPERTY IS IN UK
JA: What steps has he taken so far?
Customer: HE JUST THREATENS IF I DONT GET A LIFETIME MORTGAGE TO BUY HIM OUT HE WILL FORCE THE SALE
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: HE WONT MOVE OUT THE FAMILY HOME . IT WAS HIS DECISION TO APPLY FOR DIVORCE AFTER 36 YEARS OF MARRIAGE AND I STILL HAVE A DAUGHTER AT UNI AND A SON OF 15
Submitted: 5 days ago.
Category: Law
Expert:  JeremyT1020 replied 5 days ago.
Good afternoon and thank you for your question. I'm a solicitor specialising in family law and dispute resolution so I'd be happy to offer some guidance on this matter.I'll need a little more information to fully answer your question. First and foremost, when does your daughter finish uni? How much is the house worth? How much is the flat worth? Are there any other assets such as pensions, savings, etc?Thanks, J
Customer: replied 5 days ago.
we have pensions, and mortgages the flat is worth around £250,000 the house 6-700,000 my daughter has 3 years left at uni we have some savings in premium bonds which i accrued to buy a gold watch that my husband promised to buy me. and a few blu circle shares
Customer: replied 5 days ago.
there is approximately 70,000 in mortgages on both properties
Customer: replied 5 days ago.
I am at work so cant take a call at present and i cant do it from home as my husband still lives in the house
Expert:  JeremyT1020 replied 5 days ago.
Thank you. Your husband cannot simply force you to sell at this moment in time. You and him will need to have financial disclosure to work out the value of the "matrimonial pot" before you come to any agreement over what to do with the houses.
Customer: replied 5 days ago.
he is exceptionally difficult. How can i get him to move out?
Expert:  JeremyT1020 replied 5 days ago.
In any event, the children should be prioritised (namely, your under 18 son). As the prime carer, you will need to ensure a roof over his head.
Customer: replied 5 days ago.
I will have to go as i work in a hospital and need to go to theatre
Expert:  JeremyT1020 replied 5 days ago.
You could obtain an occupation order which is an injunction ordering him to leave the matrimonial home.
Expert:  JeremyT1020 replied 5 days ago.
OK. Very happy to continue conversation by message later
Customer: replied 5 days ago.
how do i go about this and what requirements are there to the order. How much will it cost me? i have a really tight cash flow at present.
Expert:  JeremyT1020 replied 5 days ago.

Hello again.  To obtain an occupation order, you would need to show that you had suffered, were suffering or likely to suffer 'signinficant harm" by your husband's continued presence.  You can also ask the court to consider using its discretionary powers to make the order.

Significant harm can be physical, mental, emotional and even financial.

If the court makes the order, your husband will have to move out of the house and not return or attempt to return for 6 months.  This can be extended for up to a year.

There is no court application fee.  You make the application using Form FL401 here: https://www.gov.uk/government/publications/apply-for-a-non-molestation-or-occupation-order-fl401 You also need to prepare a statement in support of your application.

Customer: replied 5 days ago.
Thank you for your help. i did call the police for aggressive behaviour, my GP and counsellor have advised me that my husband has subjected me to coersive control. Would this be sufficient evidence
Expert:  JeremyT1020 replied 3 days ago.
Good evening. Yes, it would be compelling evidence. Ultimately, you have to convince a court on the balance of probabilities (more than 50:50) that your ex-husband's behaviour has caused you harm (and will continue causing you harm) and it's preferable for the court to make the order rather than not make it.
Expert:  JeremyT1020 replied 16 hours ago.

Good evening.  I note I haven't heard from you for a couple of days so I trust you're happy with my answers to your questions.  If you have any future questions, please start a separate thread and mark it FAOCustomeras I'd be delighted to help.  In the meantime, thank you for using Just Answer.  Best wishes, J