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My husband and I are separated, the matrimonial home is in joint names, what can I do if my husband refuses to sell the house?

My husband and I are separated and I am living in rented accommodation. Our matrimonial home is in joint names and I would like this to be sold as I need the money as I am struggling. If my husband refuses to sell can I make him? Do I need his written consent to sell? I can't really afford to do this through Solicitors, but would like to know where I stand so that maybe I can negotiate with him.

You are certainly entitled to a share in any equity in the property (i.e. the difference between the value and the amount of any outstanding mortgage) and if your husband cannot raise sufficient money to buy out your share, the house may have to be sold. Unless you are able to reach an agreement with him about this, you would have to start divorce proceedings (assuming you have grounds to do so) and once they are underway, you can ask the Court to consider your financial position. Most people will need a lawyer to advise them through this process unless both parties are agreed about what should happen.

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by Maria Mason last modified 2008-05-15 11:30

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