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JK
Beginner February 2007

Anyone know about property and divorce?

JK, 10 June, 2009 at 13:02 Posted on Off Topic Posts 0 14

It's not me, BTW.

My lovely friend is struggling, still.

Let's call her soon-to-be-ex-husband 'A'.

My question is can he (A) force a property sale in advance of a divorce?

(Background is A owns a building firm and earns a good wage, she's a cleaner and doesn't. When his son (her step-son) got to his late teens, A left her for someone else. A's in rented accom, and wants his equity now. Well actually A asked her for it two weeks after leaving, but she's resisted thus far. She's waiting for a windfall to sort it, A wants it now. The mortgage company are unlikely to let her have it on her own as her income stands. They've been separated since Dec 2007))

Sigh. More tears.

Any info gratefully received. TIA

14 replies

Latest activity by DaisyDaisy, 3 August, 2010 at 09:50
  • O
    Oddbins ·
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    As far as I am aware he is entitled to half the equity and can force a sale if she cannot raise it. Even if there were dependant children he is still entitled to half although the sale can be postponed until the children are of age.

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  • JK
    Beginner February 2007
    JK ·
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    I'm unclear as to how the sale can be forced until a divorce has been agreed though? Including a property division and so on.

    Google is not my friend today, sadly.

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  • JK
    Beginner February 2007
    JK ·
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    Any more for any more? She says now she thinks she remembers the Solicitor said that nothing can happen against anyone's will till someone sues for divorce, and a financial agreement is made.

    True or not? Help gratefully received.

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  • SophieM
    SophieM ·
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    ?

    The property and the divorce can be handled separately, but I think it's unlikely that your friend need worry. If he were to go to court to try and get a sale order on the property it would be v time-consuming and expensive for him, and the whole thing would much more sensibly be handled as part of the divorce. Where are they on that front?

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  • JK
    Beginner February 2007
    JK ·
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    Hi Sophie ?

    Her mother's property is awaiting planning permission approval (has been for ages, but the developers are now going for a Docs surgery rather than residential, which is much more attractive to Planning and the local populace it seems), and when this comes she'll be minted and ready to move into a smaller property (the current one is a modest house on a mahoosive plot). She'll then sub my friend to buy A out. I reckon six months more will see a result. She's then prepared to divorce him, and do a deal as part of that.

    We all thought that the planning thing would be done and dusted by now, A included. It's dragged on interminably.

    How's your (reversed and yet strangely similar) situation going?

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  • SophieM
    SophieM ·
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    Okay, so they've put the divorce on hold until she's able to address things with the property? I'm not entirely sure but I think he'd be on a hiding to nothing if he tried to push it through. If he goes to court he'd be looknig at as long as 9 months afaik. If I were her I'd just stick to my guns and not let him intimidate her.

    My saga is ongoing ? Divorce has been final for a few months now but property issue is still unresolved. I'm minded to park it until the market picks up but needless to say cuntface does not agree with that ?

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  • JK
    Beginner February 2007
    JK ·
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    Thanks for that Sophie. I shall report back. She's very intimidated by him TBH, not from a violence POV, but merely from feeling that he makes her feel she's being unreasonable. About everything. He's a bully basically, and she's barely a shred of self-esteem left. Meh. I could kick him in the nuts, except he's too tall and I'm just not fit enough.....maybe a punch in the knackers would work as well?

    Hope you get it sorted with CF v soon. Actually, could I ask a personal question? Did you think you'd ever be as happy as you seem to be now? She thinks her life's over as far as men are concerned, she says she'll never trust a man again. Tell me to bugger off if you'd rather not discuss etc etc.

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  • SophieM
    SophieM ·
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    I on the other hand am tall. Tell me where to find him and his crotch will be coulis.

    JK, it's hard for me to answer that tbh, because I went through six months of utter hell, and as soon as I got out of there I was happy almost straight away, and my relationship with loml happened v quickly - more quickly than I wanted it to really.

    However, I can give you the example of my best friend, who left her H after one infidelity became the final straw, v shortly after I left cuntface. I remember her telling me that that was it for her as far as men/relationships were concerned, she was having none of it, she would be a mad cat lady, etc. About two months later she called me to say she'd met someone. They've been married just over a month and he worships the ground she walks on, it's lovely to see.

    It's normal for her to be untrusting while she heals. But I think there is a danger in these situations to harden one's heart too much. At some point she will have to risk her feelings again.

    Poor woman, I feel so wretched for her.

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  • O
    Oddbins ·
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    The divorce and property are usually handled separately anyway and there is no reason why the divorce cannot proceed. I would make sure that she has severed the tenancy agreement though as if they have not then if anything happens to her he would automatically inherit the property in full. However, her solicitor should have advised her on that straight away.

    In answer to your question, which was not aimed at me but as someone in similar circumstances to your friend it may be useful - I don't think you realise how far from happy you are in a relationship sometimes, you mentally paper over the cracks and assume everything is fine when in reality you know something is wrong. Once the initial pain, betrayal and confusion wear off and you can look back more rationally you start wonder why you put up with so much crap, you also start to think that the person you were with was not the person you thought that they were. When this happens it is easier to move on, especially with supportive friends. I do not think anyone can over estimate the value of having good friends in times like these, it can be something as simple as a phone call when you have not spoken to anyone all day, or an offer to help with those household jobs that you just can't manage alone.

    I'm getting to a point in my life when I am truly happy, I no longer have to make too many compromises, too many sacrifices to keep someone else happy. My life is now focussed on myself and my children and while I am not ready or looking for a long term relationship at the moment I am starting to go out on dates and things and I can tell you that far from being the scary prospect I thought it was going to be it is actually a lot of fun and an ego boost. If an overweight, middle aged, single mother with 2 young boys one of whom is profoundly disabled doesn't scare off potential suitors then nothing will LoL

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  • JK
    Beginner February 2007
    JK ·
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    Thanks Madam Jodie, and again Sophie.

    Poor T - this is the last in a succession of tossers sadly, but no-one saw this one coming. The problem seems to be that she allows them to treat her like she's a bit dim to get/keep them, and then when she isn't actually a bit dim, the bubble bursts....

    Meh. I think she needs some CBT when it's all over and she has a bit of cash. A different way of dealing with things would probably help.

    Edited to add - she's just told me that her Solicitor advised doing the divorce and property settlement as one item, and suggested she sit tight till she was pushed. But she's finding it hard going.

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    Oddbins ·
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    Oh dear, I had a mental block about what CBT was and so did a search for it, I can only assume you meant cognitive behavioural therapy and not *** and ball torture although ....


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  • princess layabout
    Beginner October 2007
    princess layabout ·
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    Oh, I think *** and ball torture is exactly what's called for here.

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  • M
    Murray ·
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    If you have a house before the marriage, as well as numerous cars when a divorce is filed you could be required to split those assets as well. The exact decision on this depends heavily upon your individual state, as well as the exact terms of your divorce, and the sum of the property. In addition, if you are proven to be at fault for the marriage failing it is possible that your portion of the divorce settlement could be less due to the being at fault.

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  • V
    vincemeed ·
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    Maybe think twice before going to an action that has a loose-loose effect to a person, means think of the other way or possible actions that can make you win-win status.

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  • DaisyDaisy
    DaisyDaisy ·
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    What are you all doing over here? What am I doing here, more to the point.

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