Selling Your House

[hammerman]

Would I be entitled to sell my house, which is solely in my name, if my wife walked out, without her permission, providing funds were distributed 50/50?

Thanks

[ToraToraTora]

yes but for gawds sake don't distribute the funds until a settlement is agreed or she'll have half your half too!

[hammerman]

If she left, for say a month, and then wanted to come back to live in the marital home, would I have a right to refuse her access (change the locks etc) But obviously get the 50/50 agreement sorted. Access would be given for possessions etc.

[black_cat51]

why would you have to give her 50%?

[hammerman]

Because she's lived here with me for 15 years and we're married. Not only does the law say 50/50 but I'm not that nasty

[hc4361]

Any children?

[black_cat51]

i don't think the law specifies does it?

[black_cat51]

surely it all depends on circumstances? if she gave up a career in order to bring up kids, it might be different

[hc4361]

If she has to buy a house big enough for her and their six under 18 year olds, hasn't worked since the first was born to allow the husband to concentrate on his career, then in law she may be entitled to a bigger slice.

If there are any children and she has no permanent address but had to move out due to domestic violence then she may have a right to live in the house without you, at least until the youngest is grown up.

Assuming there are no children, there is no reason at all why you can't sell the house and divide the equity. It would be courteous to inform her of your intentions.

[hammerman]

Thanks everyone.

There is one child, age 16, no domestic violence (yet !!!! lol) and we've both worked throughout our time with the kids as we both did our bit bringing them up.

[murraymints]

You can sell anytime if it's in your name and she'd have to legally make a claim from you !!

[lady-janine]

depends where you are hammer. law varies in Scotland.

[ToraToraTora]

my best advice, from experience, is this: get together talk and agree between yourselves, do not involve lawyers, they will merely milk the pair of you. I did mine on the internet for minimal cost. My former wife and I agreed a settlement between us. So you are correct in being reasonable about the house.

[RATTER15]

I done my divorce myself, just went to the court and got the paperwork and all in all it cost me about £40.00

[Khandro]

It's not always so straightforward, I know someone, he earning good money and his wife none. They wanted to divorce amicably and he generously said she could have the whole of their owned house, but the judge would not allow him to do it, reasoning that you have a good income now, but if you, for some reason, loose that, you will have no income and no property and could, through your generosity, become a burden on the state.