A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info

What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.

Can he refuse to sell the house?

  • Stewart23
  • Stewart23's Avatar Posted by
  • New Member
  • New Member
08 Jun 12 #335810 by Stewart23
Topic started by Stewart23
Can I have some advice please?

Quick rundown: I''m 37, he''s 41, major disparity in our incomes (he''s on £60k, I''m on £5k), I''m the primary carer of the 2 kids aged 7 and 9 (he has them 2 nights a week). Separated last September, he left in October to live with his lady-friend, who he subsequently split up with this March. He came back to me, with the usual lines, and I believed him. We had a go at reconciliation, to the point where we agreed to put the FMH on the market and buy another one elsewhere together (new home, new start), and he would move back in. He''s had an attack of the colly wobbles, said he can''t cope with it and that we don''t fit anymore, so for the second time in less than a year, our marriage is over.

The issue is this: we have an offer in on a house (which needs to be withdrawn, poor behaviour, but necessary). We have a buyer for our house. Can he decide he doesn''t want us to sell it? I want to sell it, and put the money away until we have been through mediation and worked out how it should be divided. He doesn''t want me and the kids to move to the town where my parents live and I was brought up. I imagine he will do anything to prevent that from happening, as he seems to think my family are set on "egging me on" to take him to the cleaners (which they aren''t, incidentally).

  • LittleMrMike
  • LittleMrMike's Avatar
  • Platinum Member
  • Platinum Member
09 Jun 12 #335900 by LittleMrMike
Reply from LittleMrMike
The first, and very important, question, is whose name the house is in.

But in any event, the chances are that if he is an owner or even a joint owner of the house, he can be forced to sell only by an order of the Court.

Even if he isn''t an owner.he eight well be able to prevent or delay a sale.

Can you please answer the question for me ?


  • .Charles
  • .Charles's Avatar
  • Platinum Member
  • Platinum Member
11 Jun 12 #336095 by .Charles
Reply from .Charles
He can decide he doesn''t want to sell it and only a court can compel him to sell. However, the timescale to obtain such an order is ludicrous and any buyer you have now is likely to bail out before your husband can be forced to do anything.


Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

The modern, convenient and affordable way to divorce.

No-Fault Divorce £179

We provide the UK's lowest cost no-fault divorce service, managed by a well respected firm of solicitors. 

Online Mediation £250

Online mediation is a convenient and inexpensive way to agree on a fair financial settlement.

Consent Order £259

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.

Court Support £250

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.