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  • FIRST POST
    • lynseydee
    • By lynseydee 9th Oct 16, 10:15 PM
    • 1,583Posts
    • 7,220Thanks
    lynseydee
    Do I need to divorce?
    • #1
    • 9th Oct 16, 10:15 PM
    Do I need to divorce? 9th Oct 16 at 10:15 PM
    I separated from my husband just over a year ago. I moved out of the marital home and moved back to the town we used to live in which is where both our families live.

    He still lives in the marital home which is a three bed house.

    I have told him we need to sell the house but he is refusing by saying he wouldn't be able to rent because of problems he had with a previous rental company (he disputed the amount of deposit they returned to him) and he can't afford to buy another property. He has told me if I want the house sold I'll have to take him to court.

    My question is: do I have to go through divorce proceedings to be able to sell the house or is there a cheaper alternative. I'm not too bothered about divorce as I have no intention to marry again and at the moment it's something I can't afford anyway.

    I just want to know where I stand as I think the only reason he is telling me to take him to court is because I don't have the money for anything that is going to be really expensive so has the upper hand over me.

    Thanks for reading.
    Did owe £9,951.96

    Now helping hubby pay off loan. Finally paid off

    Owe Virgin £5,950.00 at 0% til June 2009 £3,427.89. Owe HSBC £5,460.78 2.9% til May 2010 £3,703.07. Owe Post Office £1,676.62 at 0% til September 2010
Page 2
    • Archergirl
    • By Archergirl 15th Oct 16, 4:23 PM
    • 982 Posts
    • 532 Thanks
    Archergirl
    Make a will............
    • Skintski
    • By Skintski 16th Oct 16, 10:17 AM
    • 446 Posts
    • 717 Thanks
    Skintski
    Is there any possibility for you to move back in for a little while? As an owner you have every right to live there and it may help sway him a little.
    • Tuesday Tenor
    • By Tuesday Tenor 16th Oct 16, 11:56 AM
    • 898 Posts
    • 1,197 Thanks
    Tuesday Tenor
    How old is your son and where is he living?
    • pphillips
    • By pphillips 16th Oct 16, 2:40 PM
    • 79 Posts
    • 46 Thanks
    pphillips
    The answer to your question "Do I need a divorce?" is yes. This is because even if the house is only in your name, your husband has a legal right to occupy the marital home. If you were divorced that right would not exist and unless the property is in joint names, he would not be able to object to its sale. If the property is in joint names then you may have to go to court if he does not agree to the sale. I think it is also important to point out that unless you make a will saying otherwise, your property will automatically go to your spouse on your death.
    • lynseydee
    • By lynseydee 16th Oct 16, 4:53 PM
    • 1,583 Posts
    • 7,220 Thanks
    lynseydee
    Make a will............
    Originally posted by Archergirl
    Archergirl, I am going to make a Will and am in the process of arranging that.

    Is there any possibility for you to move back in for a little while? As an owner you have every right to live there and it may help sway him a little.
    Originally posted by Skintski
    Skintski, no chance of moving back. I now have a job where I live and my son is now settled in school. Unfortunately where I used to live is in another county. Besides it would have no impact, he would just see it as a way to see his son everyday.

    How old is your son and where is he living?
    Originally posted by Tuesday Tenor
    Tuesday Tenor, our son is 4 and he is living with me.
    Did owe £9,951.96

    Now helping hubby pay off loan. Finally paid off

    Owe Virgin £5,950.00 at 0% til June 2009 £3,427.89. Owe HSBC £5,460.78 2.9% til May 2010 £3,703.07. Owe Post Office £1,676.62 at 0% til September 2010
    • lynseydee
    • By lynseydee 16th Oct 16, 4:55 PM
    • 1,583 Posts
    • 7,220 Thanks
    lynseydee
    The answer to your question "Do I need a divorce?" is yes. This is because even if the house is only in your name, your husband has a legal right to occupy the marital home. If you were divorced that right would not exist and unless the property is in joint names, he would not be able to object to its sale. If the property is in joint names then you may have to go to court if he does not agree to the sale. I think it is also important to point out that unless you make a will saying otherwise, your property will automatically go to your spouse on your death.
    Originally posted by pphillips
    The house isn't in my name it is in joint names. I might double check how the house is held because if I remember correctly the house needs to be held as tenants in common rather than joint tenants to be able to be passed as per my Will but will double check this when I make it.
    Did owe £9,951.96

    Now helping hubby pay off loan. Finally paid off

    Owe Virgin £5,950.00 at 0% til June 2009 £3,427.89. Owe HSBC £5,460.78 2.9% til May 2010 £3,703.07. Owe Post Office £1,676.62 at 0% til September 2010
    • Archergirl
    • By Archergirl 16th Oct 16, 5:02 PM
    • 982 Posts
    • 532 Thanks
    Archergirl
    You really do need to make one, it is so important in your situation, if you gave an accident or heaven forbid just drop dead, he gets the lot......
    • lynseydee
    • By lynseydee 16th Oct 16, 5:35 PM
    • 1,583 Posts
    • 7,220 Thanks
    lynseydee
    I know, I'm hoping I can get an appointment the same time I go to see a solicitor about the house/divorce.
    Did owe £9,951.96

    Now helping hubby pay off loan. Finally paid off

    Owe Virgin £5,950.00 at 0% til June 2009 £3,427.89. Owe HSBC £5,460.78 2.9% til May 2010 £3,703.07. Owe Post Office £1,676.62 at 0% til September 2010
    • loveasale
    • By loveasale 17th Oct 16, 11:10 AM
    • 163 Posts
    • 752 Thanks
    loveasale
    Yes you do!!
    I can only speak of my own experiences, my marriage broke down 4 years ago, I stayed in martial home and a divorce wasn't really important then , like you say your not wanting to marry again!
    Fast forward to present day , I've paid all the mortgage and bills for the last 4 years , he has supported our kids , but one has now left education and the other will next year , so it's time to draw a line,,,,,,, oh my days how I wish it had all been done 4 years ago!!!
    We've always been amicable , me being more than him, he always said I could have equity blah blah blah ,,,and surprise surprise he now wants half !! That is the difference from me being able to buy a home or rent, I knew he would back track, but half of the value now is so unfair as he lives at his parents ( stays at his new girlfriends a few nights a week ) he then became rude and nasty to me so after all that we going down the lawyer route!
    Do it all now Lynsey , clean break and so on, how I wish I'd done it back then
    I will never be rich but I'm happy
    • lynseydee
    • By lynseydee 18th Oct 16, 1:58 PM
    • 1,583 Posts
    • 7,220 Thanks
    lynseydee
    I can only speak of my own experiences, my marriage broke down 4 years ago, I stayed in martial home and a divorce wasn't really important then , like you say your not wanting to marry again!
    Fast forward to present day , I've paid all the mortgage and bills for the last 4 years , he has supported our kids , but one has now left education and the other will next year , so it's time to draw a line,,,,,,, oh my days how I wish it had all been done 4 years ago!!!
    We've always been amicable , me being more than him, he always said I could have equity blah blah blah ,,,and surprise surprise he now wants half !! That is the difference from me being able to buy a home or rent, I knew he would back track, but half of the value now is so unfair as he lives at his parents ( stays at his new girlfriends a few nights a week ) he then became rude and nasty to me so after all that we going down the lawyer route!
    Do it all now Lynsey , clean break and so on, how I wish I'd done it back then
    Originally posted by loveasale
    Thanks for sharing your experience Loveasale.

    I have today been into the solicitors and they are going to give me a call back this afternoon with an appointment for next week. The solicitor I spoke to confirmed I do have to go down the divorce route to get him out so if that's what he wants me to do then that's what I'll do. If he thinks I'm the same person I was when we were together then he's got another thing coming. If he wants a fight then bring it on, I know I've got nothing to lose and everything to gain. Me fighting him against him having sole custody because he claimed I was a bad mother should have shown that to him.
    Did owe £9,951.96

    Now helping hubby pay off loan. Finally paid off

    Owe Virgin £5,950.00 at 0% til June 2009 £3,427.89. Owe HSBC £5,460.78 2.9% til May 2010 £3,703.07. Owe Post Office £1,676.62 at 0% til September 2010
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