Can i sell my house?

[foxyroxy141]

Hi. I am presently undecided whether to leave my husband (for numerous reasons not only financial) but am unsure of this - our house is in joint names on the deeds and mortgage. i do not work however as i am the full time carer of our 3 year old daughter. Can i force my husband to put the house up for sale if I leave?

[bancodegaia]

Hi foxy,

basically the answer is no, you can't force your husband to put your house up for sale. The reason I say that is that on your divorce you will be entitled to half the value of your home, if your husband can afford to give you that money without selling your home then he is entitled to do so without the need to sell the home. If he cannot afford to give you your entitlement then he will have the option of either buying you out your half of the house by increasing his mortgage if he wants to remain there or as a last resort selling the house and you both split the proceeds

[gina32]

its not actually half of the house value but the house equity and i dont think its always exactly half so see a solicitor first