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 I force a house sale

  • Nigel Rolfe
  • Nigel Rolfe's Avatar Posted by
  • New Member
  • New Member
15 Aug 12 #349668 by Nigel Rolfe
Topic started by Nigel Rolfe
I ve been married for nearly 17 years and have two children aged 16 and 13. We are currently seperating and my wife informs me that I cannot force the sale of the house until the kids are 18 even though we would both have houses out of the sale. If this is true this would mean presumably I would have to continue to pay the Mortage and bills which will prevent me from buying (and even renting) a suitable house for me for the children to visit? Or is the Mortage etc to be paid for out of her maintenance ???

  • WYSPECIAL's Avatar
  • Moderator
  • Moderator
15 Aug 12 #349670 by WYSPECIAL
Reply from WYSPECIAL
You need to post more details of incomes etc. She doesn''t just have a right to stay there until the kids are 18 if there are other alternatives.

usual thing is person who stays pays all the bills and mortgage anyway. Can she afford to do that?

  • cookie2
  • cookie2's Avatar
  • Platinum Member
  • Platinum Member
15 Aug 12 #349674 by cookie2
Reply from cookie2
We would need full details to advise;

1. Your respective ages
2. Your respective incomes including any benefits
3. Your respective pension CETVs
4. House value and outstanding mortgage amount
5. How much would a suitable smaller house cost for her
6. Any other assets such as savings, shares, cars etc
7. Any debts such as credit cards, loans, whose name they are in, what they were for

Yes normally the mortgage would be paid by her, not you. If she cannot afford it she may be awarded maintenance from you. But this would only be awarded if you can afford it. If you have nothing left after your own rent etc, then there is nothing to give her.

  • maisymoos
  • maisymoos's Avatar
  • Platinum Member
  • Platinum Member
15 Aug 12 #349675 by maisymoos
Reply from maisymoos
You cannot force a house sale until you have a signed Consent Order detailing the financial settlement.

If you provide more info on

House value and mortgage
Other assets - savings/shares etc
Any debts
Respective incomes including benefits
Respective pension CETV''s

more help can be provided.

There is no automatic right that your wife can stay in home til youngest child is 18, but everything depends on circumstances.

  • Northernboy
  • Northernboy's Avatar
  • Elite Member
  • Elite Member
15 Aug 12 #349680 by Northernboy
Reply from Northernboy
Mine won''t sell still lives in it and doesnt pay the mortgage she just wants it repossed so she can tell everyone I''ve made the kids homeless!!!!

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.