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my partners divorce

  • orgasmica
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19 Feb 08 #14390 by orgasmica
Topic started by orgasmica
My partner of six months is currently going threough a very difficulty divorce. His ex wife will not sell the house which has 400,000.00 equity which he has agreed to split 60% 40% with her so she can buy her own house. she refuses to work therefore cant help finance the property. Her car is on a contract hire in my partners name which she is in arrears with. She also has a secret stash of £30,000.00 which she refuses to use to live on. The mortagge is in arrears. Can a court make her sell the house? She will not discuss this as she wishes him dead and makes terrible remarks in front of the children. My partner has to support himself and her in 2 houses, his business is running insolvent and he is really worried abouyt what will happen.

  • DownButNotOut
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23 Feb 08 #14842 by DownButNotOut
Reply from DownButNotOut

The courts put the children first and if they live with her then the court will make housing for her and the kids a priority.

The courts preference would be to keep her and the kids stable in the current home.

However, if the financial reality is that with her own income / benefits / maintenance she cannot afford the upkeep of the house ... they may order a sale.

I do not know enough about the finances in this case to guess at what the outcome might be.

  • soulmanuk
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23 Feb 08 #14849 by soulmanuk
Reply from soulmanuk
a bit of a long shot why not put in for custody of the children it may frighten her especial if you can prove they will have a more stable home and meet there needs, dont know if it is possible but it might be worth looking into, it worked for a mate of mine, he got the kids and money off his ex for 10 years

  • attilladahun
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23 Feb 08 #14856 by attilladahun
Reply from attilladahun
This sounds like a classic case for forcing the issue

On the facts I think a court would force a sale if you can demonstrate that she can buy a property with her share of the equity.

Get cracking the Court will tell her at the ist Appointment if used as an FDR she has an earning capacity and at that hearing an application for sale can be applied for if she can buy a property with her share of the equity.

If not they you need to bounce her into a job so with her mortgagability ultimately she can.

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