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Can she force sale of my house?
#1
Hi all.

We are at the separation threshold and it's going to start this weekend.

I have a house, the mortgage and deeds are in my name only. We moved out of the house with the kids a few months ago into a rental place which is being rented in her name, including all the bills. My house was on the market to be sold, but hasn't gone yet.

I am thinking of moving out of the rental house this weekend, since the relationship is very bad and abusive, back into my house and then start separation / divorce proceedings.

My two initial questions are:

1: Can she force me to sell the house?
2. Can I change the locks when I move in?

Very nervous about the road ahead.
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#2
1. Yes, a court can force a sale, but only as part of financial remedy proceedings. What's more likely is that if she issues, you'll have to divide your various assets and debts up. Equity in the house counts as an asset, so let's say you had 100k equity, it may be split 50/50 (or 60/40 - the amounts vary with the situation). You'd then have to find the money to buy our her share, either by selling the house or remortgaging.
2. You can change the locks if it's not the primary residence, which it sounds like it's not.

Take legal advice before moving out tho, as it may affect your position ref access to kids.
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#3
(07-29-2017, 12:33 AM)martin4 Wrote: Hi all.

We are at the separation threshold and it's going to start this weekend.

I have a house, the mortgage and deeds are in my name only. We moved out of the house with the kids a few months ago into a rental place which is being rented in her name, including all the bills. My house was on the market to be sold, but hasn't gone yet.

I am thinking of moving out of the rental house this weekend, since the relationship is very bad and abusive, back into my house and then start separation / divorce proceedings.

My two initial questions are:

1: Can she force me to sell the house?
2. Can I change the locks when I move in?

Very nervous about the road ahead.

More detail is needed to work out the extend of you ex's claim on the house.

If you do not want this information in public view, click on my ID and use Private Message or Email.

What it comes down to is did the house (or any money used to buy it) exist BEFORE  the relatinship.

Try to follow this example

House Price 100,000
Deposit 10%, 10,000             
This might of been your money, or if from relatinship that its 5% each.

If your now 10 years into a 20 year mortgage term, out of the remaining 90%, you have paid 45.
It might be that its 22.5% each. However, if your ex only moved in after year 5, then she would only be due 11.25%.

What you need to do, is work out what percent she has in the house.

Estimate the value now, minus the settlement amount for the mortgage (taking into account any early repayment fees).

Whatever profit there is, she would be due her percentage of it.

You might be able to raise the funds to buy her out, or it might be that she can get a charge on the house, so she gets her money when you sell.

I am not qualified, but in my view, the only way she could force the sale is if someone took her to court and got a CCJ, and they then started to look at her assets.
Even in that situation, the crediter might put a charge on her share of it.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#4
(07-29-2017, 07:22 AM)MarkR Wrote:
(07-29-2017, 12:33 AM)martin4 Wrote: Hi all.

We are at the separation threshold and it's going to start this weekend.

I have a house, the mortgage and deeds are in my name only. We moved out of the house with the kids a few months ago into a rental place which is being rented in her name, including all the bills. My house was on the market to be sold, but hasn't gone yet.

I am thinking of moving out of the rental house this weekend, since the relationship is very bad and abusive, back into my house and then start separation / divorce proceedings.

My two initial questions are:

1: Can she force me to sell the house?
2. Can I change the locks when I move in?

Very nervous about the road ahead.

More detail is needed to work out the extend of you ex's claim on the house.

If you do not want this information in public view, click on my ID and use Private Message or Email.

What it comes down to is did the house (or any money used to buy it) exist BEFORE  the relatinship.

Try to follow this example

House Price 100,000
Deposit 10%, 10,000             
This might of been your money, or if from relatinship that its 5% each.

If your now 10 years into a 20 year mortgage term, out of the remaining 90%, you have paid 45.
It might be that its 22.5% each. However, if your ex only moved in after year 5, then she would only be due 11.25%.

What you need to do, is work out what percent she has in the house.

Estimate the value now, minus the settlement amount for the mortgage (taking into account any early repayment fees).

Whatever profit there is, she would be due her percentage of it.

You might be able to raise the funds to buy her out, or it might be that she can get a charge on the house, so she gets her money when you sell.

I am not qualified, but in my view, the only way she could force the sale is if someone took her to court and got a CCJ, and they then started to look at her assets.
Even in that situation, the crediter might put a charge on her share of it.

I owned the house for 8 years before she moved in and we got married. Its still all in my name only. I was thinking of offsetting the equity she is due against other things like the 34k car I bought her etc. Will be tricky. I am worried because I have been bled dry by her and have been though a though year with redundancy I got a CCJ. This means it will be difficult for me to rent somewhere if I am forced to sell the house. So I am keen to avoid having to sell.
Reply
#5
(08-04-2017, 09:57 PM)martin4 Wrote:
(07-29-2017, 07:22 AM)MarkR Wrote:
(07-29-2017, 12:33 AM)martin4 Wrote: Hi all.

We are at the separation threshold and it's going to start this weekend.

I have a house, the mortgage and deeds are in my name only. We moved out of the house with the kids a few months ago into a rental place which is being rented in her name, including all the bills. My house was on the market to be sold, but hasn't gone yet.

I am thinking of moving out of the rental house this weekend, since the relationship is very bad and abusive, back into my house and then start separation / divorce proceedings.

My two initial questions are:

1: Can she force me to sell the house?
2. Can I change the locks when I move in?

Very nervous about the road ahead.

More detail is needed to work out the extend of you ex's claim on the house.

If you do not want this information in public view, click on my ID and use Private Message or Email.

What it comes down to is did the house (or any money used to buy it) exist BEFORE  the relatinship.

Try to follow this example

House Price 100,000
Deposit 10%, 10,000             
This might of been your money, or if from relatinship that its 5% each.

If your now 10 years into a 20 year mortgage term, out of the remaining 90%, you have paid 45.
It might be that its 22.5% each. However, if your ex only moved in after year 5, then she would only be due 11.25%.

What you need to do, is work out what percent she has in the house.

Estimate the value now, minus the settlement amount for the mortgage (taking into account any early repayment fees).

Whatever profit there is, she would be due her percentage of it.

You might be able to raise the funds to buy her out, or it might be that she can get a charge on the house, so she gets her money when you sell.

I am not qualified, but in my view, the only way she could force the sale is if someone took her to court and got a CCJ, and they then started to look at her assets.
Even in that situation, the crediter might put a charge on her share of it.

I owned the house for 8 years before she moved in and we got married. Its still all in my name only. I was thinking of offsetting the equity she is due against other things like the 34k car I bought her etc. Will be tricky. I am worried because I have been bled dry by her and have been though a though year with redundancy I got a CCJ. This means it will be difficult for me to rent somewhere if I am forced to sell the house. So I am keen to avoid having to sell.

Her claim in that situation is going to be limited to half of what percent was paid towards it during the relationship.

If you can agree an amount with her, she could put a charge on the house so she gets paid when you sell.

However, depending on the value of the CCJ, they might also try to force a sale, unless you have an acceptable repayment plan in place.
If the CCJ was during relationship, and the family had the benefit of what ever it was for, the payments are an allowable disregard for Child Support in a CMS case.

With division of assets, its not what you paid at the time, its what its worth now. For example, using a Fridge as an example, what you paid £200 for, you would expect under the consumer rights act, for it to last 5 years (a reasonable period of time).
If you separated 2 years after getting it, she only has 3/5 of the value now, £120.  In the case of the car, you can look at the book price for it, but in most cases they lose value soon as you drive them away from the dealership.

The only way she could force a sale, is if she shows the court good reason why she needs access to them funds fast.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#6
When she moved in the mortgage was changed to interest only. So nothing additional was paid off.

The CCJ is taken care of now, I paid it off. I just have it on my credit file now which is preventing me getting a tenancy. I am worried that if I have to sell the house I'll end up on the street.
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#7
The key question will be is she adequately housed, I am guessing that this is a yes as she is in rental property.

However, the house (apart from your share from before marriage) is a marital asset and she will be entitled to a share even if this is small. If the CCJ prevents you borrowing more to pay her a share she will either have to wait or a sale could be forced. Her need for money doesn't appear to be urgent.

If the Judge is aware of the situation I am sure he would want to avoid either of you being homeless.
Reply
#8
(08-06-2017, 07:25 PM)martin4 Wrote: When she moved in the mortgage was changed to interest only. So nothing additional was paid off.

The CCJ is taken care of now, I paid it off. I just have it on my credit file now which is preventing me getting a tenancy. I am worried that if I have to sell the house I'll end up on the street.

So as no Capital was paid off, her cliaim will be for half the increase in estimated value, during the time she was living with you. However, as the capital was not repaid, her share is not payable to her until the capital is.

In my veiw, she might get a charge on the house, for half of any increase in value, from when she moved in, until when she moved out.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
Reply
#9
I think you need to think carefully about the situation with the kids. If you move out of the rental and back into your own house, you could be seen as having left. Before thinking about the finances, get legal advice on how to keep contact with your children and/or have them live with you, before you move out ideally. I think with divorce, if you're married, things do tend to get split 50/50 mostly. But some of that may depend on where the kids are living and who with. I've heard stories of a man changing the locks so wife can't come home, and keeping the kids to get residency in the past, because the house is the kids home and he lives there (not sure if that's legal or whatever though).

You will be expected to pay child support and upkeep of a home for the children if they don't live with you. If things are amicable with your ex (probably not) you could go to mediation and draw up an agreement over childcare and finances. It's not legally binding but could be used later as a basis for a court agreement. Personally I think things like that break down if it becomes hostile.

Do you want to keep your house or sell it? ie if you moved back into it would you still want to sell, or stay there? I would definitely get legal advice. A friend of mine was told not to leave a house and separate until the financials were agreed (many years ago) but that might be intolerable.

Do you want the kids to live with you? Or have a shared care agreement?
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#10
(08-07-2017, 02:55 PM)Charlie7000 Wrote: I think you need to think carefully about the situation with the kids.  If you move out of the rental and back into your own house, you could be seen as having left.  Before thinking about the finances, get legal advice on how to keep contact with your children and/or have them live with you, before you move out ideally.  I think with divorce, if you're married, things do tend to get split 50/50 mostly.  But some of that may depend on where the kids are living and who with.  I've heard stories of a man changing the locks so wife can't come home, and keeping the kids to get residency in the past, because the house is the kids home and he lives there (not sure if that's legal or whatever though).

You will be expected to pay child support and upkeep of a home for the children if they don't live with you.  If things are amicable with your ex (probably not) you could go to mediation and draw up an agreement over childcare and finances.  It's not legally binding but could be used later as a basis for a court agreement.  Personally I think things like that break down if it becomes hostile.

Do you want to keep your house or sell it?  ie if you moved back into it would you still want to sell, or stay there?  I would definitely get legal advice.  A friend of mine was told not to leave a house and separate until the financials were agreed (many years ago) but that might be intolerable.

Do you want the kids to live with you?  Or have a shared care agreement?

His only liablity is Child Support, not upkeep of is ex partners house.

Also, while she is living in it, and he is not, his Child Support can be reduced to take into account he is providing the house for the child, but the shorted amount needs to be conisdered as being paid by her on share out.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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