Divorce - can I be forced to sell the house?
Discussion
As some of you may have been following on a thread in Health Matters, my (now ex) wife and I are going through a separation preliminary to a full divorce. I'm planning to buy her out and keep the present property. It's become somewhat sticky on the side of me arranging to take on the joint mortgage, arrange a further mortgage to buy her out of her share of the equity, and then get the title deeds transferred into my name, thus allowing her to take a mortgage out in her own name for her new property. Arranging the mortgage aspect has taken my bank a full three weeks, and she is getting very restless - apparently hers was all done and agreed in a single afternoon, which I don't necessarily believe.
Her latest wheeze is to threaten to call the whole thing off, and put the present house up for sale, and then split the proceeds 50/50 and go our separate ways. This obviously would incur great additional expense to me for estate agents, conveyancing, moving, finding somewhere else, storage, etc, etc, etc, which I dearly want to avoid as I'm ending up fairly skint as it is with all that's going on. One of her parting comments this evening was "Why should I be the only one having all the pain and hassle?" Erm because you instigated this, it's your choice to leave me?
Anyway, seeking the opinion of the finest minds - once the mortgage is agreed and transferred to her solicitors, I will be in a position to completely and fully buy her out financially. Is there any legal circumstance whereby she would have the opportunity to force me to sell the house against my will?
Her latest wheeze is to threaten to call the whole thing off, and put the present house up for sale, and then split the proceeds 50/50 and go our separate ways. This obviously would incur great additional expense to me for estate agents, conveyancing, moving, finding somewhere else, storage, etc, etc, etc, which I dearly want to avoid as I'm ending up fairly skint as it is with all that's going on. One of her parting comments this evening was "Why should I be the only one having all the pain and hassle?" Erm because you instigated this, it's your choice to leave me?
Anyway, seeking the opinion of the finest minds - once the mortgage is agreed and transferred to her solicitors, I will be in a position to completely and fully buy her out financially. Is there any legal circumstance whereby she would have the opportunity to force me to sell the house against my will?
kiethton said:
She could, but to do would take far longer and cost significantly more than the course of action you are proposing.
It's causing quite a bit of stress and anxiety as it is. I suspect she knows this and is weaponising the situation to make me comply with other slightly ridiculous demands.I'm a reasonable and fair person. She continues to paint me as exactly the opposite.
As above she could, but it would just be spiteful, I guess you will be doing this as part of a court approved final settlement, if not it should be, so as to prevent any claims later, I had to explain to my would be ex a number of times that in order for her to receive the buyout and settlement, she needed to sign the agreement, she eventually twigged . To this day I am sure she thought I was trying to swindle her, but I just wanted to move on with my life post her decision to leave.
Good luck with it!
Good luck with it!
Most couples buy homes as joint tenants. This means there is a TRUST FOR SALE with power to postpone whilst you both agree. This means there is an obligation to sell at all times unless there is agreement for the time being to retain. Ultimately either party can force a sale through the court, which will grant the order in most cases.
So yes, she is right and well advised. If you want to keep your home, get a move on the the financial arrangements; but if you cannot perhaps sale is the more realistic method to settle matters.
So yes, she is right and well advised. If you want to keep your home, get a move on the the financial arrangements; but if you cannot perhaps sale is the more realistic method to settle matters.
F20CN16 said:
Doesn’t this depend on whether you own the house as joint tenants or tenants in common? If I remember rightly, if tenants in common you each own 50% (or other share with a declaration of trust) so in that scenario I think one of you could force a sale.
And in a joint tenant situation you both have to agree to a sale (I think).
Joint Mortgage would suggest 50/50.And in a joint tenant situation you both have to agree to a sale (I think).
F20CN16 said:
ridds said:
F20CN16 said:
Doesn’t this depend on whether you own the house as joint tenants or tenants in common? If I remember rightly, if tenants in common you each own 50% (or other share with a declaration of trust) so in that scenario I think one of you could force a sale.
And in a joint tenant situation you both have to agree to a sale (I think).
Joint Mortgage would suggest 50/50.And in a joint tenant situation you both have to agree to a sale (I think).
And even then, battling through the courts to deny the other party 50% wouldn't be worth the time or expense.
Hi,
I think the best advice you can receive at the moment would be from a solicitor. Yes it costs but it's small change at the end of the day.
It's been mentioned already that she is well advised, but I would disagree with this. As far as I am aware, you can only be forced to sell by a court, but if you were to show that court that you aren't obstructing things and are making every effort to keep things moving there shouldn't be an issue. However you do need proper legal advice!
I've been there myself and it's horrible. One day you will look back on this and it will be a distant memory. Good luck!
I think the best advice you can receive at the moment would be from a solicitor. Yes it costs but it's small change at the end of the day.
It's been mentioned already that she is well advised, but I would disagree with this. As far as I am aware, you can only be forced to sell by a court, but if you were to show that court that you aren't obstructing things and are making every effort to keep things moving there shouldn't be an issue. However you do need proper legal advice!
I've been there myself and it's horrible. One day you will look back on this and it will be a distant memory. Good luck!
F20CN16 said:
Probably true, but I feel like it might be an overlooked technicality. Hoping so for the OP’s sake.
We had the awkward conversation about this
and went tenants in common with a declaration of trust 
Absolutely no doubts about our future, but we both agreed it was a sensible move (our deposits greatly differ).
Wish I'd done that a few years back.... We had the awkward conversation about this
and went tenants in common with a declaration of trust Absolutely no doubts about our future, but we both agreed it was a sensible move (our deposits greatly differ).Percy Cushion said:
kiethton said:
She could, but to do would take far longer and cost significantly more than the course of action you are proposing.
If he is a joint owner, how can she sell without his permission? Can you please explain?Yes, there is time to get through the court process, but the spouse is clearly frustrated at OP for not fulfilling their agreement to buy her out and allowing her to move on.
On a purely practical level, even if you agreed to put the property up for sale today and instructed an agent immediately and accepted an offer the same week, it’s highly unlikely any sale would complete inside 3 months. Our last sale and purchase took nearly 5 months with no specific delays, and we were buying an empty property.
Your proposed solution should complete far quicker than a sale.
Your proposed solution should complete far quicker than a sale.
HocusPocus said:
Most couples buy homes as joint tenants. This means there is a TRUST FOR SALE with power to postpone whilst you both agree. This means there is an obligation to sell at all times unless there is agreement for the time being to retain. Ultimately either party can force a sale through the court, which will grant the order in most cases.
So yes, she is right and well advised. If you want to keep your home, get a move on the the financial arrangements; but if you cannot perhaps sale is the more realistic method to settle matters.
This, along with a number of other posts on this thread, are simply wrong. Chipping in to correct the legal position!So yes, she is right and well advised. If you want to keep your home, get a move on the the financial arrangements; but if you cannot perhaps sale is the more realistic method to settle matters.
The house is held under a trust of land - section 1, Trusts of Land and Appointment of Trustees Act 1996 (affectionately known as ToLATA).
Whilst it’s perfectly right that the other owner could force a sale through the courts, there is no presumption of sale under ToLATA. The court would take all relevant factors into account, and I would like to think that in circumstances where a buyout is in the process of being sorted out, it would not order a sale. Or at least not straight away.
The other point that’s been stated wrongly is that whether it’s held as joint tenants or tenants in common has relevance as to powers of sale. It doesn’t. There is a trust of land either way (and so the above applies).
Getting married is like any other financial risk sometimes you come out on top and sometimes you lose your shirt
You might well come out pot less but you took the risk and only you are the one to blame for your own demise
Somewhere down the line you will make a killing and prosper but at the moment you will pay the price for getting involved
You might well come out pot less but you took the risk and only you are the one to blame for your own demise
Somewhere down the line you will make a killing and prosper but at the moment you will pay the price for getting involved
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