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Force of Sale

  • BazJwill
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9 months 2 weeks ago #508964 by BazJwill
Force of Sale was created by BazJwill
Can someone explain how it would work in my situation.

I've been living in the family home by myself and paying all the household bills and mortgage by myself.

When we separated in January I suggested on two occasions that I leave and my wife and daughter stay, but my wife insisted I stay as our house is a renovation project that I have been working on for the last 6 years, putting my own money into it. So I agreed to stay.

My wife found a house to rent and I signed as her guarantor.
When my wife left she told me the family home had to be put up for sale within 6 months or she will not receive her benefits. I phones around a few benefits agencies and they had not heard this before so I assume she lied.

We haven't filed for divorce yet, I was going to but asked my solicitor to put things on hold as she won't disclose her finances to me.

If divorce proceedings haven't began cn she file for force of sale?
Given my circumstances as I'm paying all the mortgage with no contribution from my wife and given that I am still in the process of working on the house to get it in a saleable condition, would a judge dismiss the force of sale? I have already tried to contact her through her solicitor about a fair split and an agreement by me that I won't touch her pension on the grounds that she will give me another two years to finish the house. I also said I would pay all the cost of work and materials.

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9 months 1 week ago #509120 by Allcry
Replied by Allcry on topic Re:Force of Sale
Hi,

House selling,
She can ask you or the court to sell the home, but it doesn't mean it will happen.

All she needs is a home for children then how you achieve this is up to you.

Also if she needs money or a home you can give her money, or a home.

If you are living in a large home, whilst your children are barely fed, the court will not like you.
Again of you can give mother and children enough to be comfortable, then you can keep the house.


Benefits
if her name is on a property, and she can't claim benefits because technically she has too much money/assets.

1. Buy her out or;
2. Pay her rent, and maintenance or;
3. sell the house and 1 or 2


her finances
These are none of your business. You are separated. They will be the business of the court if you divorce.


Get everything you agree in a written agreement and don't use cash.

Good luck

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  • BazJwill
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9 months 3 days ago #509197 by BazJwill
Replied by BazJwill on topic Re:Force of Sale
I've been told by my solicitor that as we are married I am entitled to full disclosure of her finances?

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9 months 3 days ago #509198 by BazJwill
Replied by BazJwill on topic Re:Force of Sale
She earns potentially more then me as a teacher but is choosing not to work too many hours so she receives her benefits. I signed as guarantor on the rented house she is in now and she receives maintenance off me so much so in total with her benefits and income she receives more per month than myself.

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9 months 3 days ago #509199 by BazJwill
Replied by BazJwill on topic Re:Force of Sale
Thanks for the reply by the way

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