Divorce And Property

[PrincessWendy]

My friend has been married 38 years and unhappy for the last 12 years. His children have left home and his mortgage is almost paid. If he asks for a divorce his wife will not be happy and will not agree to anything he wants. If the divorce goes through will he be able to force a house sale if she doesn't want to leave and if he can sell the house what kind of percentage split of the equity would he get? They both work but he earns more and he is in receipt of a small pension.

[RATTER15]

Yes I think he can force sale or at least accept payment of 50% of equity, Generally speaking!

[RATTER15]

I think if she doesnt agree to the divorce it could take 5 years, if she does agree it will be 2 years.

[PrincessWendy]

Thanks Ratter, 5 years sounds horrendous. I divorced 12 years ago and my husband didn't want a divorce but it went was completed within 9 months, although proceedings carried on for years as we had children.

[hc4361]

Is the house in both their names?

[Prudie]

I don't think that 5 year thing applies anymore. You will get advice on here but unless it's likely to be completely amicable and agreed between them then a solicitor is essential.

[hc4361]

If she does agree it can be done very quickly.
If she doesn't agree but he has grounds, it can be done quickly. He must be able to show the marriage has irretrievably broken down because of her adultery or unreasonable behaviour so bad that he can no longer live her.

[PrincessWendy]

Yes the house is in both their names.

He will need a lawyer for sure, I think the wife and son will try and bully him into walking away with nothing, which he obviously must not do!

[hc4361]

It will almost be a 50% share of the equity.

[PrincessWendy]

Thank you all.

HC - well I would say her behaviour is unreasonable, he needs to think about that, he gets bullied and even though he works away he comes home and cleans, washes and irons, all household jobs are left for him to do. Have I heard now that all couples considering divorce have to go for counselling first? They already tried this about 12 years ago.

[hc4361]

No, they don't have to go for counselling first.

[hc4361]

By the way, he will be able to apply for an order for sale and it is very rare the courts refuse.

[Sycamore3House]

If the house is in both names he has a claim. Everyone's divorce is personal to them. But if the children are over 18 things change because he no longer needs to provide for his children. Best to see a solicitor or even more than one to get a good price.

[PrincessWendy]

HC I presume he could apply for the order of sale once the divorce has been finalised and not before?

[hc4361]

He can apply before the divorce - it stands to reason he will need funds to buy another home so he doesn't need to wait. It can still take 5 years for a divorce to be finalised if she doesn't agree and he has no grounds.

[PrincessWendy]

Thank you so much, I feel quite reassured and will pass this info onto my friend, hopefully it helps him in deciding what he needs to do and whether this is an avenue worth pursuing...

[Sycamore3House]

When you divorce you also need to do a financial settlement. They are two different things. The divorce is that your marriage is dissolved. The financial aspect is you divide your assets taking into consideration for any dependant children.

[PrincessWendy]

Yes I am aware of that, I was concerned about both things - how long a divorce could be dragged out and also that my friend isn't bullied into walking away with nothing, as both these things could impact on his future. Thanks for the advice - food for thought.