i stand to be corrected i think you cant be forced to sell the family home until the youngest child turns 18. In family law, the welfare of the child is paramount.
He cannot force a sale.... he wants to sell the family home...
I beleive it may be 23 if the child is in full-time education.... i think you cant be forced to sell the family home until the youngest child turns 18...
i stand to be corrected i think you cant be forced to sell the family home until the youngest child turns 18. In family law, the welfare of the child is paramount.
Its not as simple as that.
In a Court situation the Court looks at all the assets of the two parties and is charged with attempting to make proper provision for both parties. The welfare of the children is a paramount concern but that does not extend to an automatic order that the family home cannot be sold. Its an easy decision if there are lots of assets. Where there is precious little, the family home is an asset - nothing more or less.
Its not a question of being forced to do anything : its a Court making an order where parties themselves cannot reach agreement. If the order is that the family home be sold, then that is it. It does come as a shock to people to find that the Court will not go along with their aspirations and will make orders that they find unpalatable.
In this scenario, OP has little choice: she either does nothing in which case lord alone knows what will happen or she risks the sale of the family home if she goes to Court. But she says that her husband is not interested in an amicable agreement so it looks like Court. If she wants some form of resolution, however unpalatable it may ultimately be.
mf
Maintenance etc. TBH this is the least of my concerns. This last year showed me if nothing else i can't depend on him for maintenance. He has paid nothing. I did offer to waive maintenance if he relinquished his title to the house. I now know this is not an offer he can take as apparently a couple of years down the road i can then chase him for the maintenance i originally signed away.
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