Can a husband who moved out 22 years ago force the sale of the family home?

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Suzierea

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Hello my father moved out of the family home about 22yrs ago.He stopped contributing to the mortgage about 20yrs ago. He is now trying to sell the home where my mother lives. Now term of the mortgage is finished but there is still about 20k left to pay which my mother has been paying money to pepper every month to clear. Pepper have agreed to this for now. She knows she will have to sell eventually because they are going to divorce. My question is she got a letter from his solicitor today stating that my father wants the house put up for sale within the next 4 weeks. Can he force the sale or will it have to go to court first?she has an app with her solicitor in a couple of weeks but this letter came to her house.
 
Suzierea said:
She knows she will have to sell eventually because they are going to divorce.
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I am not a lawyer.

Presumably the house will form part of the divorce negotiations.

It seems odd to me to request the sale of the family home on its own. It may well be sold as part of the agreement.

Your father would have to apply to the High Court to force a sale which would take years.

She should simply send her solicitor's contact details to his solicitor and ask his solicitor to contact her solicitor.

She should not engage with him directly unless they are discussing everything or going through mediation.

Brendan
 
Thanks brendan that what i thought.ye it will be part of divorce but he for some reason wants this done before divorce case.
 
When he moved out, did they do an agreement back then on the family home?

For example, it might have been agreed that the family home would be sold when the eldest child finishes college.

If she has such an agreement and he has adhered to his side of it, she should stick to the agreement.

Brendan
 
No there was no agreement he just left due to an affair. We were all adults when they seperated.But now is looking to sell the house quickly obviously needs money for something.They both just left divorce on long finger and now its gonna to happen.
 
Was there a seperation agreement?

For the last 22 years, did he pay maintenance for his children?
 
No, he cannot force a sale. But in the divorce joint property is there to be divided out. It would be best if they went via the mediation route, a lot less costly all around. But now they your Dad sent your Mum a solicitors letter it may already be gone past mediation.

Things to consider.
So when your Dad left there was 20 years left on mortgage and there were no dependant childrens
Now there is €20K left to pay.
On separation how much was left on the mortgage and how much was house worth. Did both parents contribute to the mortgage.
When ye were kids, up to age 23 if in full time education was your Mum a full time SAHM supporting the family and her husband through childcare and family maintenance.
Since the split has your Dad contributed to your mum. .
Has your Mum paid your dad anything, rent?
Are they both working with pensions. Your parents are in their early 60’s at their youngest, but are probably older.
Does your father, own or rent another house.

So best case is your Mum has worked, paid off mortgage herself and you Dad has very little equity in the home.
Say house at the time of separation had a €320K mortgage with €220K left to pay. If the house sold for€320K your Dad would get €50K as your mum had cleared the last €220K herself since separation.

There are so many scenarios but it is very doubtful your Dad would get 50% of the property value. So if your Mum had no where to live if the house was sold you and your siblings could gift your Mum the equity due your Dad and she could continue to live there. So there are lots of options.
 
It seems really unfair that he can come looking after so long if she’s been paying the mortgage. It’s her home.
 
DeeKie said:
It seems really unfair that he can come looking after so long if she’s been paying the mortgage. It’s her home.
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Would you say the same if the house was worth €250k and the mortgage was €50k.
She had the use of the house all the time.
He had to pay rent or buy another house.

If the mortgage was €250k and the house was worth €100k and she paid off the capital over the years, it would be different.

But we don't know enough to call it unfair. It may well be, but we just don't know.

A judge will make that call based on the total picture.

He might tell her to pay him 25% of the value of the house and she could get a Lifetime mortgage to get the funds to pay him that. So she keeps her home.

Brendan
 
Tell your mother to sit tight and have her solicitor respond to any letters. Your father cannot force the sale of a property and it absolutely not be dealt with separately.
Its extremely frustrating situation for your mother as if she hadnt paid the mortgage over the years the house would have been reposssed.
If possible could she consider a Transfer of Equity where she buys him out of the property? Does your father just want some cash and to move on?
Above all, everything should go through her solicitor and until everything is agreed,nothing is agreed.
 
Suzierea said:
Hello my father moved out of the family home about 22yrs ago.He stopped contributing to the mortgage about 20yrs ago. He is now trying to sell the home where my mother lives. Now term of the mortgage is finished but there is still about 20k left to pay which my mother has been paying money to pepper every month to clear. Pepper have agreed to this for now. She knows she will have to sell eventually because they are going to divorce. My question is she got a letter from his solicitor today stating that my father wants the house put up for sale within the next 4 weeks. Can he force the sale or will it have to go to court first?she has an app with her solicitor in a couple of weeks but this letter came to her house.
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Don't think so. I presume its in both their names?
 
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