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Selling the House

  • MOF
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12 Mar 21 #516057 by MOF
Topic started by MOF
Hi All,

So in a situation where me and the ex-wife still live in the same house with my son who is doing his A Levels.
I have a 22-year old daughter with a job. She has returned home for now.
My Son will go to university in Oct.
Ex and myself have equal CETV values in our pensions and so decided to keep our own pensions.
I managed to just get myself a job but its a six month probation period.
She has no job and I pay all the bills. She has previously worked all her life.
I pay her calculated CMS payment £573 per month. Its this high because i had a good job just before covid.
We were discussing split of the house and orginally had a proposal on the table for 50:50 split. She actually suggested the split.
She has now announced she wants a 45:55 split to get a three bed house to house her; our daughter and our son when he comes home from university
My Ex will want to sell before stamp duty ends in June and is already is asking for spousal maintenance. She will pressure to sell.
I have done intial calcualtions and if we sell while I'm still paying CMS , and her maintenance there wont be a lot left to rent a property.
I want equal right for my son to stay with me during holidays so I would be looking for 2-bed house.
I expect my daughter to find a place to rent.

So we are at the stage where we will have our FDA in April

During a financial dispute can I be forced to agree to selling the home? I'm in a mind to fight for 50:50 share and I dont want to sell. Its mainly to have some income coming in until CMS ends in August. Once we do sell then my costs will be my rent and the maintenance for my student son at university.

Any advice welcome.

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26 Mar 21 - 26 Mar 21 #516230 by wikivorce team
Reply from wikivorce team
During a financial dispute can I be forced to agree to selling the home?

No - you cannot be forced to sell during the dispute.

Yes - You can be forced to sell (if that is the decision of the court) at the end of a court contested dispute.

You may want to consider carefully whether to fight for 50% or accept 45%.

You could expect to get 50% if all things were equal.

i.e. if you and you ex had equal needs for capital.

The two biggest factors that move the needle away from 50% are:
- one party having more child care responsibility
- one party having less earnings (or earning capacity)

Consider this - if the house was sold and you split the money...say 50:50
would you be on an equal footing in trying to obtain a mortgage to obtain a new house?

Last edit: 26 Mar 21 by wikivorce team.

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