Forcing sale of former marital home

[PrestonLad]

Sorry that my first post is a sad story, but I guess that's the nature of this sub-forum !

Long story short:

* Married in 1998, 1 child born 1999 (now 18 and just left school)
* Bought house together in 1998, ex still lives in it with 18 year-old, no mortgage, worth about £400k
* House is in my sole name, purchase completed about 6 weeks before we married (she put in £40k from selling her own flat)
* Bought a buy-to-let flat in 2015 in our joint names, it cost £200k and has £150k mortgage outstanding
* Separated for 6 months in 2008 after she had an affair - I moved out and had a lovely time living in a (different) flat, foolishly we patched things up and I moved back in...
* We agreed last year (seemingly amicably) that the marriage was over, and I moved out again this time to the buy-to-let flat
* She continues to live in the house with our son - we had a verbal agreement that once son leaves school and gets a job, house and/or flat would be sold and proceeds divided fairly
* However, I though it was very clearly understood that son can live with either of us while he's starting out (I have a very good relationship with him) but that doesn't mean she necessarily gets to stay in a spacious 4-bed house while I'm in a 2-bed flat (nice though it is)
* Spoke to her last week about getting a valuation on the house and she said "I can't possibly move, <son> needs somewhere to live and anyway there's nothing in writing"
* Now, I didn't expect to get 50% of the equity but I certainly won't settle for 0% !!
* Would really rather settle by negotiation rather than immediately shelling out thousands on lawyers, but need to understand how strong my position is
* I have been gone 11 months, I think I have to wait until 2 years have passed before I can file for divorce ?

Do I have any viable options at this point please ?

[jaguarsuk]

Sorry that my first post is a sad story, but I guess that's the nature of this sub-forum !

Long story short:

* Married in 1998, 1 child born 1999 (now 18 and just left school)
* Bought house together in 1998, ex still lives in it with 18 year-old, no mortgage, worth about £400k
* House is in my sole name, purchase completed about 6 weeks before we married (she put in £40k from selling her own flat)
* Bought a buy-to-let flat in 2015 in our joint names, it cost £200k and has £150k mortgage outstanding
* Separated for 6 months in 2008 after she had an affair - I moved out and had a lovely time living in a (different) flat, foolishly we patched things up and I moved back in...
* We agreed last year (seemingly amicably) that the marriage was over, and I moved out again this time to the buy-to-let flat
* She continues to live in the house with our son - we had a verbal agreement that once son leaves school and gets a job, house and/or flat would be sold and proceeds divided fairly
* However, I though it was very clearly understood that son can live with either of us while he's starting out (I have a very good relationship with him) but that doesn't mean she necessarily gets to stay in a spacious 4-bed house while I'm in a 2-bed flat (nice though it is)
* Spoke to her last week about getting a valuation on the house and she said "I can't possibly move, <son> needs somewhere to live and anyway there's nothing in writing"
* Now, I didn't expect to get 50% of the equity but I certainly won't settle for 0% !!
* Would really rather settle by negotiation rather than immediately shelling out thousands on lawyers, but need to understand how strong my position is
* I have been gone 11 months, I think I have to wait until 2 years have passed before I can file for divorce ?

Do I have any viable options at this point please ?

As the house is in your sole name you can sell it whenever you feel like with or without her agreement, so it is actually in your favour there that nothing is written down. Had you given her a tenancy agreement or something she'd have much more rights and this could be very complicated.

I think as nicely as possible due to you wanting to remain amicable that you need to let her know that is the situation and that your son can have a room at your flat or hers when she moves, so will have somewhere to live.

[PrestonLad]

Sorry, one additional item of information

* I bought the house in July 1998, we married in August 1998 but the Land Registry Title Absolute seems to have been registered in September 1998

Not sure if this has any bearing ?

[jaguarsuk]

Sorry, one additional item of information

* I bought the house in July 1998, we married in August 1998 but the Land Registry Title Absolute seems to have been registered in September 1998

Not sure if this has any bearing ?

In terms of division of assets in a divorce settlement then I would assume she would be entitled to half, but I'm not knowledgeable enough in that area or been married, so not divorced to know.

In terms of sale of the property all that counts is whom owns it and their intentions, so you have every right to sell when you feel like and she really has no say in that due to not being a joint owner.

[des8]

It is not quite so easy that you can just sell the house.
Assuming your wife has some intelligence she is likely to consult a lawyer who will confirm she has a financial interest in the property.(which you already realise)
You may be the legal owner but she does have a beneficial interest.arising from a Resulting trust (she put money into the purchase) and possibly a constructive trust (implied agreement that beneficial ownership should be shared)
If you cannot come to a prior agreement, and she opposes the sale, the courts may agree for the sale to proceed and will set the %age each of you receives.

Do try and come to an agreement with your wife because, as you realise if solicitors become involved the capital will be seriously depleted by their fees.
You will need her agreement to sell, as being resident in the house she could easily thwart your intentions by just being awkward to prospective buyers.

[SandraF]

Hi, this is clearly a long marriage and it appears that you were in a relationship with her prior to marriage and on a more serious note is that you purchased the property with the intention of using it as a family home. Although her name is not on the title deeds, she has "home rights" which entitles her to live in the property and not to be evicted without a court order. She has the right also to register her rights against the property so potential buyers will know that she has an interest in the property. Keep us updated and let us know what is happening at the moment. Good luck



"Although I am a family lawyer, any advice given on this forum should be taken as guidance only and should not be applied to your specific circumstances. If you are uncertain as to your legal rights, I recommend that you seek independent legal advice from a lawyer local to you".