Splitting up.... He wants to sell family home

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aido71

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I hope title ok.... Not sure how to put it. Anyhow just curious on behalf of a friend. (serious). Ok so marriage break down he moved out. She remains in home with kids. He sole earner she always been homemaker. No idea re debts/ equity etc. anyhow he wants to sell house. She no idea what to do. I presume as husband/wife and married when house purchased that it has to be in both names (she no idea re their financials). Question is can he just put house for sale? I think she thinks she will be homeless with no income shortly. I know it not that simple and provision for kids etc must be made but how in general do these things run? Fortunately I don't have any experience of this ... Yet! Any nugget of info be helpful.... Right now I don't think she can see wood from trees.
Thanks all.
 
He can't sell the "family home" without all the details being worked out in court.

Usually it means she gets to stay in the house with the children until the youngest is 18/23 if going to college if I remember correctly. She can apply for maintenance and will get money for her upkeep and an amount per child.
 
in a word NO, she needs to do a bit of reading, if its final the splt ie no chance of reconciliation she needs to get assets sorted NOW as waiting is not an option. he has his commitments and cant just walk away but he could frither away assets, get a solicitor. judge will rule house stays until children reach adult age.
 
It is most important that she takes action first if this is definitely the situation. Because he could apply for a divorce in another country (forum shopping) and it gets very messy.
 
Sounds like your friend's husband has a long and windy road ahead of him as he seems to have no clue himself how things are working. First of all, he cannot sell the house without her consent. Both have to agree and if they can't agree a Court will decide for them. What I heard from people who went down this road is that the house can be sold once the youngest child ceases to be dependent. That can be with 18, 21, 23. I think 23 is the max.age. So your friend shouldn't worry too much right now but in her own interest, get her finances together to get a realistic overview what's there and what's not there, what she can and cannot afford, what state support she can avail of etc. She should also look into Mediation (which is a free service) as the solicitor/ court route is a very expensive one!
 
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Its by no means certain that a Court won't order the sale of a family home. Husband cannot sell the house without wife's consent but, equally, in a range of circumstances, a Court may well order the sale e.g. house too big, wife comes into money and can buy him out, wife finds work and can buy him out, all kinds of things so it is very simplistic to believe that a Mother will always remain in the family home until the youngest is no longer dependent.

Stay at home mother needs professional advice.

mf
 
Thanks all..... Figured as much, I think it a case of him always looking after finances and as such she has no clue. From what I gather I would imagine he has stopped paying mortgage ( am conscious only getting one side and as we know there are always 3 versions... His/hers and the truth!).
I know she needs to get professional advice... Not sure how receptive she is to hearing anything right now...
At least can reassure irrespective that she won't be out on her ear in the short term but she needs to get herself motoring to face up to reality and focus on her future no longer as a 2 parent unit.Easy for me to say.
Thanks all...., hopefully we won't ever find ourselves there... Think I'll buy the missus some flowers on the way home!!
 
IF its combine brought then he alone can't sell. Depends on whose name it is and both would have to sign the selling agreement. How do they do settlements after selling is a personal matter and they only can decide on this.
 
burmo said:
He can't sell the "family home" without all the details being worked out in court.

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Yes he can....if she agrees and signs the necessary documents. Make sure she has legal advice if he puts foms in front of her. I do hope he has plans to house his children however.
 
Perhaps there is a good citizens information in her area where she could sit and discuss her situation in a less formal environment. Some branches have very good advisers in the family law area and the advice is free.

It's a good idea to phone in advance to find out if they have someone who deals with family law and get which day she works as they are mostly manned by volunteers who only work 1 day per week.

Perhaps your friend is not familiar with mediation and at least get that process explained and where to find it
 
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