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Re - Selling Interest in Matrimonal Home

  • Beelie
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20 Mar 08 #17292 by Beelie
Topic started by Beelie
Hi can anyone help?

I have tried without success negotiating with my husband regarding my interest in our matrimonal home he has done everything from obstructing nisi hearing asking leave to file answer and defend and was given time to do so bythe court- this dragged on and he did not file. Since then he has made threats that unless I accept £35,000 as a settlement of our property he intends to default on the mortgage and before repossession he said his mistress would then buy it at a deflated cost so that I will end up with nothing. I am not prepared to be blackmailed or intimidated into selling my interest at an undervalue. We are both joint legal owners, and he bought a further property during our marriage partly financed by residual funds he raised against the equity of our matrimonial home but even taking our home by itself considering a similar property (three bedroom end terrace in our street) sold in October 2007 for £158,000 the figure he suggests is a gross undervalue.I wrote to him to request availability dates with regard to seeking an independent valuation and pointed out that it would not be advisable for either of us to part with our asset at an undervalue. Since then he refuses to reply oe negotiate I do not have any money left for a solicitor am suffering from depression and had hoped to bring these matters forward so that all that requires to be done is applying for a Consent Order and absolute rather than having to apply to court for ancillary relief application. He just seems intent on dragging it on and on on timewise I think as he well knows that in doing this I face ever increasing debt draining resources and possible bankruptcy. If he is not exercising the option to buy as he stated he wanted (which he planned to buy using his new divorcee partners recent property settlement and transfer her as joint legal owner once our divorce was settled) Am I legally bound in any way to sell or dispose of my interest in our property to him, or can I sell or dispose of my interest to a potential buyer without negative legal consequences?

Beetie:unsure:

  • LittleMrMike
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22 Mar 08 #17425 by LittleMrMike
Reply from LittleMrMike
In reply to your two specific questions - I don't think you
can sell your interest as the property is in joint names, and
your husband would have to concur in a sale.

Secondly, you can't be forced to sell to him unless and until a Court makes a formal order to that effect.

The obvious question is whether you are entitled to legal aid. You will find details of the income and capital limits on the CAB website 'adviceguide '. This is a start.

I feel sure that the Court must have power to cut across this type of behaviour but I would suggest that as a start you
have a look at legal help.

Mike 100468

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