Divorce and Mortgage in England

Deenport

Hi. Following a previous discussion of mine, my friend is in the following position and needs advice. 

She is currently residing with teenage child in matrimonial home. Estranged husband is renting a house with 2nd teenage child. There is a non molestation order in place until 30 June 25 against husband preventing him from contacting her and entering the matrimonial home. 

Husband pays mortgage, wife earns minimal wage for part time work. Both names on mortgage, but mortgage was granted based on his salary. 

Question is: 
can husband force sale of property whilst she lives there with 13yo child? 

Any experience with this would be appreciated. Couple are living in England 

gwynlas

Yes in the case of divorce husband could ask for home to be sold especially as he is paying both mortgage and rent.
Each would have half of equity despite mortgage being based on his salary,
They could negotiate financial settlement, this would involve all assets, house savings and pension provision.

Deenport

gwynlas said:

Yes in the case of divorce husband could ask for home to be sold especially as he is paying both mortgage and rent.
Each would have half of equity despite mortgage being based on his salary,
They could negotiate financial settlement, this would involve all assets, house savings and pension provision.

Thank you for your answer. Just to confirm, if husband forces sale of property, mum and 13yo child will have to try and find somewhere else to live using only her half of the equity after remaining mortgage is paid off, approximately £75k. No savings to speak of, small car, and his  pension. I had hoped that due to child being the youngest and choosing to live with mum, that courts could prevent sale of home until child reaches 18? There has been years of emotional and financial abuse, coercive behaviour hence the non molestation order. Would any of this be considered? 

Deenport

Also if Husband chooses to keep house and buy wife out, does she have to accept or can she force sale herself? 

Newbie_John

Deenport said:

Also if Husband chooses to keep house and buy wife out, does she have to accept or can she force sale herself? 

I mean what difference would it make it in both cases she gets the same amount of money?
Point is she is unable financially to live there by herself - so she needs to find something she can afford - rent, move back with relatives etc. 

It's always better to sell the house and make a clear cut, although never easy sadly.

Tucosalamanca

Deenport said:

Also if Husband chooses to keep house and buy wife out, does she have to accept or can she force sale herself? 

Force the sale to anyone but her husband? If husband can afford to buy her out, she is effectively selling anyway.
She might even get more money, as agent/legal fees will be less than an open market sale.
Something for her to negotiate?

RAS

She needs to talk to one economic abuse charities like Surviving Economic Abuse, Refuge or Money Advice Plus. That won't change the basic rules about the division of marital assets but may help tilt the sums in her favour.

Bear in mind marital assets include savings, pensions and other assets. It might also consider the needs of the two spouses, for example if she's been unable to work because he prevented her in some way, she might get a larger payout. 

So she needs expert advice, pronto.

Deenport

Newbie_John said:

Deenport said:

Also if Husband chooses to keep house and buy wife out, does she have to accept or can she force sale herself? 

I mean what difference would it make it in both cases she gets the same amount of money?
Point is she is unable financially to live there by herself - so she needs to find something she can afford - rent, move back with relatives etc. 

It's always better to sell the house and make a clear cut, although never easy sadly.

Thank you for your reply. My question is more about finding out what her options are moving forward. Due to various factors she is trying to navigate the whole process alone and is trying to do the best for the children without being “taken for a fool “ by ex. It’s so sad really and it’s the kids who will really suffer regardless of the outcome 

Deenport

Tucosalamanca said:

Deenport said:

Also if Husband chooses to keep house and buy wife out, does she have to accept or can she force sale herself? 

Force the sale to anyone but her husband? If husband can afford to buy her out, she is effectively selling anyway.
She might even get more money, as agent/legal fees will be less than an open market sale.
Something for her to negotiate?

Fair point. Thank you 

Deenport

RAS said:

She needs to talk to one economic abuse charities like Surviving Economic Abuse, Refuge or Money Advice Plus. That won't change the basic rules about the division of marital assets but may help tilt the sums in her favour.

Bear in mind marital assets include savings, pensions and other assets. It might also consider the needs of the two spouses, for example if she's been unable to work because he prevented her in some way, she might get a larger payout. 

So she needs expert advice, pronto.

Thank you. That’s very helpful. I’ll let her know and see if she can get in touch with them 

elsien

in case she isn’t aware, ifshe can evidence legal her domestic abuse, then she could  be entitled to legal aid. 

https://www.gov.uk/legal-aid/domestic-abuse-or-violence