my x has stated that he will insist that the MH is put up for sale( on the market) and that I shall have to bid for it the same as any other potential buyer.
I intend buying him out of his share of MH and have been assured( by a mortgage advisor) that raising a mortgage for full amount is no problem. x is adamant I dont get the marital home" over his dead body" etc etc.both our names on the house deeds.Can he get away with this latest ruse or would it be ignored by the sols.advce please.a yes or no answer would suffice.?
If you have kids and they will live with you then court will make it a priority to keep some stability in their lives and let you keep the FMH (so you will get the option to buy him out)...no other bidders involved.
Even if you dont have kids...the idea that you would have to bid against other potential buyers is ridiculous.
Sound like u can afford the mortgage so....
It really boils down to agreeing a valuation on the house.
So if he is being awkward then the likely result is that you have to pay for a formal surveyors house valuation (rather than amicably accepting the middle of three estate agent quotes). This could cost you perhaps a few hundred quid.
At the end of the day....if you want to stay in the house and you can afford the mortgage....then you should be OK.
thank you for your reply..Downbutnotout.
you've given me peace of mind tonight.my emotionally abusive x throws these remarks at me and although I feel he can't be right ,he still makes me worry until I can verify the detail one way or the other.no young kids now just one financially insecure adult child (over 20)still at home who will live with me after x leaves.sooner rather than later!
If you are both on the title of the house (PM me for further detail) he CANNOT sell the house without your consent or an Order of the Court. The Court is VERY unlikely to order a sale to a third party without your consent if you are prepared to buy him out at full market value. And that vanishes altogether if there are kids involved.
But in ancillary relief proceedings (i.e. tidying-up the financial and property loose ends in the wake of a divorce) you may even find that you can buy out his interest in the property for less than that as part of a quid pro quo settlement. You give up your entitlement to a share in something else of his in order to get his share of the house.
The Devil is in the detail of course...
Chin up dear, he can't do it. End of.