Make him sell to me

I have finally convinced my husband that our marriage is over and we need to sell our house. He is not in a position to buy me out but I can buy his share and am willing to do so but he doesnt want me to have the house, can I force him to sell me his share? My simple suggestion was get the house valued take off the outstanding mortgage I give him 50% of the equity or am I simplyfying things too much?

Yes you probably are over simplifying. Rarely are divorce settlements 50:50 and you can't force him to sell, only a court can do that.

First of all you need to apply for divorce and then negotiate an overall financial settlement. The value of any assets (including pensions) forms the marital "pot" which is shared according to a number of factors in s25 Matrimonial Causes Act 1973.

The settlement will have an order to sell or transfer the property to the name of one spouse. Once a settlement is reached there will be an order to sell or transfer the property to one part which an be enforced . In the meantime the legal advice is usually for both parties to remain in the former matrimonial home.

Hi

I was in a different position as I was afraid my ex would want to buy me out and move his g/f in. I was told by my solicitor that if he had the money to buy me out then legally he could do it.