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Can my husband force me to sell our house? We are tenants in common - LocalSolicitors.com

Can my husband force me to sell our house? We are tenants in common.

The short answer is "it depends"!

Financial issues when people divorce are specific to their own circumstances. In general however, if you move seamlessly from cohabitation to marriage, then the whole of the relationship would be taken into consideration.

That would mean that the house is likely to be treated as matrimonial property rather than it being treated as a pre-acquired asset.

Having said that, if you own it as joint tenants, rather than tenants in common you would not have separately ascertainable shares that either of you could rely on. My understanding as well, is that a divorce severs that joint tenancy, so strictly, at the moment you have equal shares in the property, which are separate from each others.

It is really important for you to get some proper legal advice and deal with this, now, rather than leaving the issue for later. The longer you leave it, the more likely it is to cause issues in the future. If you are concerned about lawyers making the situation worse, then try a mediator to see if you can agree what your respective shares are. Then once you have an agreement, for goodness sake get that consent order drafted, signed and sealed by the courts!

A Breakdown in joint tenancy mortgage

Claire Stewart

Thank you for your enquiry. I am afraid we will not be able to offer any proper advice without sight of the Order(s) and dates of such orders or hearing dates. It appears you may not have received the Notice of Hearing (was this in 2015 ?). It may be prudent to get in touch with a solicitor in your area to assist in your matter - to advise and discuss your options once they have had the oportunity to look at all the requisite paperwork.

Kind regards,

OTS Solicitors

Parent never knew about Hearing.  Never received the Summons.  The Hearing went ahead.  How can this be deemed as a Legal Hearing?

Can my husband force me to sell our house? We are tenants in common.

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