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Divorce/separation

Can he make me sell the House?

12 replies

lmalteserg · 14/06/2013 11:18

My huband walked out a year ago.After a phone bill in my name that he uses arrived with 150 calls in 1 week to one number. On calling the number it was polish women. He came home from work walked in and left.He now lives with a polish women!! He gives me money for a loan that finishes this month then half the amount he should for my son who is 16 and in full time education our 21 year old also lives with me . I have maintained the bills and mortgage and am paying depts that have been left. As he left me in such a poor financial state i am unable to get credit. The mortgage is in joint names and he is now pushing me to take his name of the mortgage. Contacting a solicitor is out the question because i just dont have the funds. I dont think i could get legal aid as i work full time. I am willing to take on the mortgage alone but not untill next year.Also not started divorce yet. Any body have any idea of my rights?? please Thanks

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PestoSwimissimos · 14/06/2013 11:44

My understanding is that you are entitled to continue living in your family home until your youngest child completes their full-time education.

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PestoSwimissimos · 14/06/2013 11:47

I would suggest you see a solicitor though, most will give you an hour's free consultation in the first instance.

In the meantime, book yourself an appointment with the Citizens Advice.

Good luck Smile

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wannaBe · 14/06/2013 11:55

there is no automatic right to stay in the family home until your youngest child leaves full time education. You could apply for a mesher order to be able to do that, but these are awarded less frequently now for various reasons.

agree though that you need legal advice

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lmalteserg · 14/06/2013 12:22

ok thanks every one

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Collaborate · 14/06/2013 13:32

You won't get legal aid unless you're the victim of domestic violence. Financial limits are now even tighter too.

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MOSagain · 14/06/2013 21:45

Yes, sadly no legal aid and hardly anyone does free 1 hour interviews. You really do need to seek legal advice. No automatic right to stay in the house long term. Get advice and find out your rights

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PestoSwimissimos · 15/06/2013 10:41

The Citizens Advice where I live have a whole list of local solicitors who offer an initial free consultation, so it saves you having to ring round and ask.

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Eyesunderarock · 15/06/2013 10:43

DDs friend's mum was in the same position, she was able to keep the house until her DD was 18 and finished A levels.
Now, after it went to court the house was sold, mother is in a rental that she is responsible for paying.

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ProphetOfDoom · 15/06/2013 10:49

This reply has been deleted

Message withdrawn at poster's request.

Sam100 · 15/06/2013 11:26

When 2 people own a house jointly it takes the signature of both on the sale agreement to sell it. So if you refuse to sign then no he cannot force you to sell it. In fact it will also require the agreement of your 21 year old son and possibly also your 16 year old as part of the sale process. There is definitely something in the lists that come from the solicitors that asks about other adults living in the property.

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lmalteserg · 15/06/2013 16:43

Thanks Sam100 .

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lmalteserg · 15/06/2013 16:46

Thanks everyone you have all been great :) going to go CAB Monday but feel more positive

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