Separation Rights

London_Girl_3

My mother has announced to my father that she is after a legal separation or divorce and that she is selling the house. (This has been a shock to all).

While my mother had taken legal advice, my father has not had time and is trying to get things to work.

He has asked to keep the house and to buy my mother out. She has refused. Can she sell the house without his consent?

I know my father needs to get to a solicitor, but just wanted to get a quick check on this. (My father runs his business from home)

My parents have been together nearly 35 years and while this is all very bizarre, I am aware that my father is not as savvy as my mother. While Ihave no wish to intervene given that they are adults, I would like to see a level playing field.

Also, is there anything else that my father needs to think about?

thank you

LG

loftus

If your father can afford to buy your mother out of her share of the house there is no legal reason why this can't happen. I don't believe she can insist on a sale to a third party, unless maybe this will generate more money for both of them.

As the others have pointed out the ownership of the house is crucial

ICATQ

Who owns the house? Is it in joint names? If so then he can offer to buy her out, she doesnt have to accept if she wants to place it on the open market.

McKneff

First of all does the house belong to both of them.

London_Girl_3

Hello,

The house is in joint names.

LG

McKneff

Wonder why your mum is digging her heels in and not letting him buy her out. Have you asked her.

Youre right, your dad really needs to get a solicitor.
I know you dont want to take sides. But if he's not as savvy as your mum then look out for him.

Mojisola

ICATQ wrote: »

Who owns the house? Is it in joint names? If so then he can offer to buy her out, she doesnt have to accept if she wants to place it on the open market.

But he doesn't have to agree to it going on the open market so it will be stalemate and he will be able to carry on in the house until some agreement is reached.

Georgie4

Mojisola is right - whilst your mother doesn't have to let your father buy her share of the house he has equally as much say about selling it - no estate agent will touch this situation with a bargepole if your father makes it clear to anyone who comes out to value it that he has no intention of selling as he wishes to buy it outright. As long as it is properly valued why would your mother not just let him buy her out and walk away ? That is a very simple solution

peachyprice

London_Girl wrote: »

He has asked to keep the house and to buy my mother out. She has refused. Can she sell the house without his consent?

In a word, no.

The_Banker_5

Georgie4 wrote: »

Mojisola is right - whilst your mother doesn't have to let your father buy her share of the house he has equally as much say about selling it - no estate agent will touch this situation with a bargepole if your father makes it clear to anyone who comes out to value it that he has no intention of selling as he wishes to buy it outright. As long as it is properly valued why would your mother not just let him buy her out and walk away ? That is a very simple solution

Sounds like the mother is full of bitterness and doent want him to have the house if she cant have it.