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Going through a tense separation/divorce, and my plan was to buy my wife out and ask for joint parenting i.e. 50-50, I have had a bit of a bombshell hit me I have been made redundant today, so can my wife force the sale of the jointly owned property my children are 6 and 9.
Help please at my wits end
Mark
Man what a [censored] time your having - afraid I can't be much help advice-wise but I can sympathise with you.
hang in there fella
There is nothing worse when a relationship comes to an end than sorting out who gets what. I will pass this over to our legal partners the Children's Legal Centre for some sage words. This could take a few days so hang in there and keep popping back.
I can only imagine how you are feeling,redundancy is hard enough to deal with on it's own without all your other stress.
keep talking , I am sure there are others who can help and advice you
Dear Markkelsall,
We apologise for the delay in responding to your query.
As we are specifically child law advisors, we are not able to advise on the house and whether the mother can force this to be sold. You are able to gain advice on this matter from a family law solicitor.
With regards to shared parenting of the children, this would be for you and the mother to attempt to agree, using mediation if necessary. If this is not possible then either of you are able to apply to court for residence or shared residence of the children at any time.
Should one of you apply to court regarding residence, the court will consider all the circumstances and will decide what type of residence arrangement is appropriate in your particular circumstances. All decisions from the court are made based on what is considered in the best interests of the children after hearing all the facts of the case, and all court orders are legally binding.
We hope that this information is useful to you, should you require further advice please contact the Child Law Advice Line on 0808 8020 008 and an advisor will be happy to help you.
Kind Regards
Children’s Legal Centre
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Sorry to hear of your situation, to say that it's bad timing is a massive understatement.
My land law is very rusty these days, but I believe that if the property is held jointly and severally (most common situation), then either party can force the sale, and if the other party refuses, then can go to court to enforce this.
Sine you have been made redundant, I'd have thought that you may be entitled to legal assistance - certainly worth asking your solicitor about.
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