Court to order sale of house

Hello to all,

So we have started the divorce and my wife has already said she will not sell the house. We have a 3 bedroom property and a young daughter.

Is she right in thinking that because we have a daughter the courts won’t order us to sell the house if we can’t agree a buy out?
I am not sure they would need a 3 bedroom house and it leaves my housing prospects very bleak.

The mortgage is in both of our names and we have been married some time.

Thanks in advance for any help.

D

You really need to post far more details so that people can advise you.

Your respective ages

length of marriage (inc any seamless co-hab)

number and ages of children - and how many nights they will spend with each parent post-separation.

All the marital assets (in sole and joint names)

all the martial liabilities (again in sole and joint names)

Your respective outgoings

Your respective incomes

and so on.

Your wife well may be classed as being "over-housed" if there is an additional bedroom that isn't required for a child. However, the housing of the child is paramount and if there's no prospect of your wife being able to afford to buy another house or obtain a mortgage in her sole name then it may be that a Mesher Order is the way. If this is the scenario, it's unlikely that a court would order a sale.

Hi Pendlewitch and thanks for getting back.

We have been married 7 years and lived with each other 2 years before that. We are both late 30's. 1 child aged 7

The one house is in joint names and no liabilities apart from the mortgage. We both earn around £35,000. If the house sold at a mid range I think we would have around £220k to share as equity. If it sold for a top price maybe £250k. I think she would have money to buy a two bed house or flat and would get on-going support from me to look after child.

Does that help?

If she can't buy you out and you cannot afford to rent or buy somewhere else while still paying the mortgage of the house on top of child (and perhaps some spousal)maintenance, the court is not likely to 'allow' her to stay in the house, say until the child is 18 (i.e. via a Mesher order), espcially as she is working and can raise a (small) mortgage. You too need a place to stay and although the child is a priority, the child will still survive in a two bed flat! My ex too was totally reluctant to sell but it needed to be done, it was our only asset. So, she didnt like that idea at all but the judge at the FDR reiterated that it had to happen as it was the most valuable asset we had and how the % of the sale should be split. In my case, the ex isn't even working - we have a teenage son.

Thanks a lot Matt. I have been told before the courts look at the needs for all. I would hope to have our daughter every other weekend and maybe a week night so important I have somewhere for her to stay

Has anyone else got any advice on this? My wife is saying the courts would side with her as she does not believe she could afford to move to a 2 bed flat.

Thanks
DK

Hi David,

Brief insight to my story. Mid 50's, divorced violent drunk ex, house in joint names, NO Children, I took her to court to force the Sale of FMH.....SHE got everything,

I walked away with the clothes on back, had to live in my truck as i became homeless, she....worked a few days a week (by choice)had mammoth debt's, house was due to go for repo because of mortgage arrears.

Judge handed her absolutely everything & we had no kids....she got the lot, lock, stock & barrell, even all my gear in the garage, which luckily a neighbour retrieved for me.

I'm literally about to move into private rented accomadation this weekend, because i'm still tied to the mortgage & can't afford to get anything else. If you look up some of my other posts you will see what happened.

Months on, i'm still very cross, not only with the ex, but with the courts, But i have my health, job & about to have a roof over my head. Yesh, i do understand your fears, but in honesty, i wouldn't waste your money trying to fight her for the house, you have a child invovled, your don't stand a chance, best wishes G