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Posted: Wed Jun 08, 2011 8:26 am Post subject: DIVORCE

Husband wants divorce - not in love with me anymore!
3 kids - twins 7 older boy 11
marital property worth £220k outstanding mortgage (interest only payments) £160k
we have a holiday rental worth about £20k
I want to stay in home with kids - could afford to pay mortgage in full if he pays child mtce.
Foreign property to be sold to give him deposit.
Would sign property to me and would need him to stay on mortgage even though he wouldn't actually make payments as I doubt I could refinance - employment income & child benefit & working tax credit & child tax credit = £20k yr
Agrees at moment but can he force sale of home?

gmakerley · Posted: Wed Jun 08, 2011 6:59 pm Post subject:

Guest, clearly (to me), you are located in the UK, while I am located in the US. That makes my response to you a bit less expert than I'd like for it to be, but I'll have a go at it nevertheless.

Certainly, when one party agrees with the other at a moment in time, there's always the chance that he might change his mind and become disagreeable. That being said, however, I would have to aver that he'd not be able to force the sale of the home without some sort of court action. In other words, in my opinion, he'd have to engage a lawyer to file some sort of action that would request the court to order that the house be sold.

That eventuality, of course, is really dependent upon the court agreeing that it would be the best course of action.

Given all that, I'd like to think that any court officer with a reasonable level of sense would clearly note that you and your children would be better off remaining in the home rather than being forced to find a different living arrangement.

I hope that helps, but I'll also add that I think you ought to take it up with local legal counsel in order to best protect yourself.

smithsussane · Posted: Wed Jun 08, 2011 8:32 pm Post subject:

Hi Guest!

Welcome to forums!

If his name remains on the property deed, then he can force you to sell off the property. However, if he signs a quitclaim deed and transfers the property to you, then he won't have rights to force you to sell off the property.

Feel free to ask if you've further queries.

Sussane

gmakerley · Posted: Wed Jun 08, 2011 8:41 pm Post subject:

I fail to comprehend how a person can force another person to sell a home that the second party does not wish to sell. The only way in which I am aware that a sale could be made effective in such a circumstance is based on a court order.

In other words, he'd have to go to court, pay a lawyer, plead his case and hope that a judge would agree that the home should be sold and therefore issue an order.

I'm sure it happens, but it seems like we get this question practically daily - is it always the same husband who hates his wife so much that he has to threaten her?

And are so many wives so scared that they'll truly have their house swept away by their angry soon-to-be-ex-spouses?

Gosh!

gmakerley · Posted: Wed Jun 08, 2011 8:42 pm Post subject:

And another thing...we seem to have respondents who virtually assure our posters of the horrors that can ensue in these cases.

Isn't there a more reasonable tone that can be taken, between poster and respondent, between husband and wife?

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