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Can he refuse to sell the house?

  • Stewart23
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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The issue is this: we have an offer in on a house (which needs to be withdrawn, poor behaviour, but necessary).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
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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 ?

LMM

  • .Charles
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11 Jun 12 #336095 by .Charles
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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.

Charles

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