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My husband wants us to separate and sell the house. Can he force me to put our house on the market?
My husband has asked for a separation and is insisting we sell our home. Can he force me to put the house on the market and if not, how long can I put off selling the house for before he takes me to Court?
He can't sell the house without your agreement, and estate agents will normally want the consent of both of you before they will even market the property. You are entitled to stay there until such time as you agree to leave or a Court orders you to do so, or makes an order that it be sold. He is equally entitled, the only situation in which one of you might be obliged to leave sooner is if there was any domestic violence and one of you managed to obtain an injunction against the other.
He could start divorce proceedings and once they are on the way, he could apply to the Court for what is called ancillary relief i.e. a distribution of the matrimonial assets. This process takes some time, at least several months, and unless you were able to reach an agreement with him about who remains in the home, the Court can make an order. The outcome depends on a variety of factors e.g. the length of the marriage, the needs of any children, your income and earning capacity and his, the contribution each of you has made and the existence of other assets e.g. pensions, insurance policies etc.
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