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Advice much appreciated regarding this very difficult situation

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  • Advice much appreciated regarding this very difficult situation

    I am 65 yrs old and currently in what I can only describe as a "Toxic" relationship. I have made the decision to Divorce on the grounds of my wifes unreasonable behavior . She is a "shopaholic" and will not stop buying virtually everything so much so, 3 rooms in the house are filled with new unopened clothes and other item.

    I am 22 years married and moved into the house my wife originally mortgage with her Ex. We have no children. Be are both registered disabled. I am retired and my wife is on Benefits. We took out a joint mortgage on the property in 1997. In 2010 my wife was declared Bankrupt and I purchased her Beneficial Interest in the property to stop it being sold. Now I want to divorce and although Legally own the entire home, I am happy to give her 50% of the equity.

    She refuses to accept Divorce papers and says she will not allow me to sell the house. my questions are....
    1) Can I just go ahead with a Divorce without her agreement?
    2) Can she prevent the sale of the house and continue to live in it?

    I just want to move on and have a few years of happiness before I die

    I know the next step is a Solicitor but advance advice will be much appreciated.
    Tags: None

  • #2
    Answer to 1) Yes
    Answer to 2) Depends.

    On 2) "home Rights" may be in play - look that up elsewhere on this site, or on the internet generally.
    Can your wife support herself independently now?
    Can she support herself independently after divorce?
    If not, it is more likely than not that the divorce court will regard the house as an asset of the marriage & if "Home rights" are NOT in play, it is likely to order the sale of the house, with the proceeds of sale to be be split (not necessarily 50/50) between the divorcing parties.

    My strong advice is to consult a solicitor divorce specialist.

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