Force sale of family home

oversteer

I separated from my wife of 18yrs in march. She initially left (taking the children with her) and I agreed to move out and let her move back in. The house is owned outright with no mortgage, and I really need to get a court 'order for sale' of the property because I've basically got nothing. I've been working on a project for almost two years but it's not quite completed and isn't revenue generating at present.

I appreciate that the children living there isn't in my favour but I desperately need to liquidate my equity in the property, and the ex will get 50% (presumably) so she's not going to be homeless.

I've not had much luck trying to get a solicitor to represent me on legal aid so I thought about trying to do this myself.

Can I just fill out a claim form (CPR part 8) and send it in to the
court along with payment or is there much more to it? I see that in cases where somone has defaulted on a debt secured on a property that the debtee needs to get a charging order before and order for sale, but I am clearly the joint tenant of this property.

Thanks for any help.

carolan78

How old are the children if you separated 18 years ago?

neneromanova

They were married for 18 years and now they've broken up

geoffky

carolan78 wrote: »

How old are the children if you separated 18 years ago?

Read it again....no advice for the op as i have never been there,,good luck.

RAS

It is most unlikely that you will get an immediate order for sale and most unlikely that you will get 50% of the equity when it is sold.

It will depend very much on total assets but expect either a delayed sale until the youngest leaves secondary education or turns 18 (which ever is later) or an earlier sale with her getting 70% or more.

FBaby

Does your wife work? How old are the children? Is she in a position to be self reliant? Would she be able to buy another property that won't disadvantage the children? Those are likely to be some of the matters the judge will consider.

fluffnutter

I understand your need for cash, but you're forcing (or trying to force) a sale on your children's home. Where are they going to live if you do this? Are you confident that they'll be just as happy and secure somewhere else?

jason1231972

No idea as to the legalities of the situation as a whole, but rather than attempting to force sale via this avenue, is your ex in a position to buy you out amicably? You get 50% of the cash, she gets 100% of the home, after paying for it (presumably by raising a mortgage or similar).

Pollycat

I think you really need to get proper legal advice on this.

oversteer

The children are 13 & 16 yrs. My wife works 3 days a week, but is not in a position to buy me out amicably. Would the children be as happy and secure somewhere else? probably not, but does that mean that my wife should get everything and me nothing? That would be a bit one sided.

It seems that it's not all about the wife and children. The courts will take into account my situation as well. If my wife didn't want a lower standard of accomodation she shouldn't have broken up the relationship in the first place.

Mojisola

oversteer wrote: »

The children are 13 & 16 yrs. My wife works 3 days a week, but is not in a position to buy me out amicably. Would the children be as happy and secure somewhere else? probably not, but does that mean that my wife should get everything and me nothing? That would be a bit one sided.

It seems that it's not all about the wife and children. The courts will take into account my situation as well. If my wife didn't want a lower standard of accomodation she shouldn't have broken up the relationship in the first place.

I think you're being a bit optimistic there. The children's needs will over-ride yours and your wife's. She will benefit from being resident with them but I don't think a house sale would be forced until the youngest child is 18.