husband making her sell house

carlos700

I am not sure if i have put this in the wrong place but here goes i hope somebody can help.The advice is for a friend of mine they are married and have a joint morgage and her husband has left home and is now living with another women.Her husband is now putting pressure on her saying she has to sell the house because he wants half the proceeds of the house.He is saying he can not move on paying half her morgage as he wants to get his own morgage.They have no children he only actually left her 7 months ago so he is moving fast on all the demands that he expects.My question is can he make her sell?She has heard but does not know how true it is that he will have to wait 5 years before he can make her sell but bering in mind they have no children so i think this may be wrong.If he can make her sell does she have to put the house up immediatly as this is what he is saying.Any advice on this matter would be brillant has any one gone through a similar situation?

[Deleted User]

She could always buy him out of his portion of the house...

peterbaker

Agree totally with Al Mac. What would be the point of doing otherwise?

carlos700

Thanks for your replys but it must be horrible to have to move from your home that you have lived in for years .All her friends and most of her family live nearby so she definatly does not want to move.He phones her or if she does not answer her goes around to the house to see if the for sale sign is up yet.She wanted to know can he legally do this .I know eventually she will have to give him half the money from house but is there a time limit to do this what i mean is can he make her sell or buy him out immediatly.

Justie

I suspect the answer is yes he can make her sell the house (or buy out his half) but she'd need to get legal advice about it. Have they formalised the seperation at all?

Mandles

I can see why she would not want to move.I'm afraid(not certain) that i think she will not have much of a choice. Either buy his half or sell up. Sad but this seems to be what happens.

peterbaker

She should move because she is totally unfairly tieing up her ex partners capital for absolutely no good reason at all. You can dream up all kinds of sentimental reasons why she might want to stay, but none have priority over releasing her partners capital to him.

In the UK we are generally totally useless at dealing with relationship breakdowns and so often we see lethargy, blame, jealousy, revenge, blackmail and sometimes just plain bloody-mindedness from one or both ex partners. Worse than that, such ridiculous notions are encouraged by others!

If this person wishes to remain in the same house then she should rapidly now do something about raising the necessary capital to buy out her ex partner. I suspect that is a complete non-starter so it should already be on the market. The relationship is over. Life is now different. The prop provided by dual incomes has gone. Her ex-partner owes her nothing. She owes him half the house.

Having said that, and because this is the UK, I am sure if you prolong this thread far enough you will find a majority who will make soft comforting understanding noises which don't help either party one bit.

snowmaid

peterbaker wrote: »

She should move because she is totally unfairly tieing up her ex partners capital for absolutely no good reason at all. You can dream up all kinds of sentimental reasons why she might want to stay, but none have priority over releasing her partners capital to him.
Her ex-partner owes her nothing. She owes him half the house.

'She should move because she is totally unfairly tieing up her ex partners capital for absolutely no good reason at all.'

Excuse me???

Bear in mind that to begin with this woman didn't ask for her situation - her husband has left for another woman. She trusted him enough to purchase the house with him, making it possible for him to own it in the first place. This wasn't a boyfriend etc, it was her HUSBAND.

He now fancies another 'piece' and leaves of his own free will, then demands that she sell the house to suit him? She never kicked him out. I think it is disgusting.

That said, I suppose she has no choice but to sell up. However, it will probably make her very wary about buying any property with a future HUSBAND in case she gets shafted by another daft prat once again.

ceebeeby

Said with a sigh, I agree, she needs to sell up. How would your friend feel if her ex moved his new partner into the house (which he is entitled to do) if he couldn't afford to keep two places going.

Stinks ... but sometimes thats life.

liney

Regardless of why he doesnt live there anymore, he is entitled to his share of the capital. She can provide this by selling or buying him out.

ckerrd

Same sort of thing happened to a friend.
She moved out told him to sell or buy her out.
Took the best part of two years to sort out.

If the split is not formalised in any way I would think she need be in no hurry to do anything.
Maybe he will want to come back next week!

She needs to get proper legal help and advice.