Can an ex force sale of house

Gbhoy

Basically my father decided in April that he would leave the family home and move to Ireland where he has been since. This is the second time my parents have split up and the first time he committed adultery.

He is coming over to visit in December and has been talking about having to discuss things with my mum which we are assuming is the sale of the house. Can he make her do this? I am sure I heard a story that if you voluntarily leave your home you are legally giving up ownership.

Any advice would be appreciated.

molerat

In some cases yes they can. It all depends on family circumstances and could eventually be up to a judge to decide if agreement cannot be reached.

Davesnave

Assuming this is a long-term marriage, the starting point for division of assets is 50:50, but there may well be other considerations.


What you've been told is untrue. Those with more knowledge will be along soon.

elsien

Why are you assuming it's about forcing a sale?
It could be about their relationship, what happens next, mediation, amicable agreement divorce (if they're married), any number of things. You're very much jumping the gun.
And what on earth makes you think someone leaving means they give up ownership. Completely untrue.
Has your mother protected herself financially with her own accounts etc?
How is the house owned at present?

foxy-stoat

Gbhoy wrote: »

Can he make her do this? I am sure I heard a story that if you voluntarily leave your home you are legally giving up ownership.

Speak to your Mum about it if your worried - dont assume anything until you actually know what he wants to say.

You cannot give up ownership by walking out the door.

steampowered

If your parents were married, there would need to be divorce arrangements.

This would mean an agreement between your parents as to how they deal with their assets - including finances, the house, the car and anything else.

If your parents can't agree, then either of them could ask the court to decide what should happen.

As others have said - the starting point for a split of assets on divorce is 50:50.

AnotherJoe

Gbhoy wrote: »

Basically my father decided in April that he would leave the family home and move to Ireland where he has been since. This is the second time my parents have split up and the first time he committed adultery.

He is coming over to visit in December and has been talking about having to discuss things with my mum which we are assuming is the sale of the house. Can he make her do this? I am sure I heard a story that if you voluntarily leave your home you are legally giving up ownership.

Any advice would be appreciated.

You may have heard such a story. A story is all it is*. Assuming they are joint owners he could indeed force a sale if she was not willing to buy him out. What actually transpires would depend on both their finances, any children, their ages, the value of the house, possibly her health and income etc. She should get a solicitor.


* ruling out extremes such as this happened 30 years ago and he hasn't been heard from since whilst she's been paying off the mortgage. Obviously doesnt apply to your mothers case.

TBagpuss

Whether or not you are physically in the house, and whether you have left voluntarily or not, is normally going to be totally irrelevant to your *legal* interest in it, or to what you are entitled to as part of a divorce.

If your parents do divorce, then they will need to try to reach a settlement on the finances which would involve looking at everything, the house, any pensions, any other savings or income etc, then trying to determine what is fair.

Normally, you start at 50/50 and adjust as necessary to take into account any different needs, incomes etc.

If they had a financial settlement when they split up before, then that might be relevant, as will the question of whether you dad is living with his new partner or not (as that may make a difference to what he needs, financially)

If they can't agree, then either of them can apply to court and a court will decide, and yes, the court s the power to order the house to be sold.

It may be that your mum could look into whethr she could get any mortgage if she doesn't want to sell. Is she still working? If not, she might be able to look at equity release. it's often not a great way to borrow money but might be the way forward for her if she is very keen to remain in that house.

However, no one will be able to give her proper advice without more detailed information.The best thing you can do is to encourage her to see a solicitor and get some proper advice tailored to her specific circumstances

lisyloo

This is the second time my parents have split up and the first time he committed adultery.

I appreciate this is not in the least bit irrelevant to you, but from a financial point of view, fault is totally irrelevant.

davidmcn

AnotherJoe wrote: »

* ruling out extremes such as this happened 30 years ago and he hasn't been heard from since whilst she's been paying off the mortgage.

Even then, his interest in the property wouldn't disappear in a puff of smoke - it would still need a court application to sell without his cooperation.

EasyAs123

davidmcn wrote: »

Even then, his interest in the property wouldn't disappear in a puff of smoke - it would still need a court application to sell without his cooperation.

If he'd been presumed dead and the estate wound up?