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I still love my husband. Can he force the issue, divorce me and force a sale of our jointly owned home?

Tagged as: Breaking up, Faded love, Family, Marriage problems, Troubled relationships, Trust issues<< Previous question   Next question >>
Question - (5 February 2011) 5 Answers - (Newest, 6 February 2011)
A female United Kingdom age 51-59, anonymous writes:

My husband wants to leave me as he says he no longer loves me. I still love him very much and want our marriage to work. He says he has tried but can't.

Can I be forced to sell our jointly owned home if he wants to walk away? I have done nothing wrong.

We have no mortgage nor children.

View related questions: divorce

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A reader, anonymous, writes (6 February 2011):

Actually, it's really hard to get a divorce, you have to be separated for so and so and so years (i technically have no idea how many it is anymore), i'm sure it used to be like 4 years separated or something? As it's like exiting a legal contract.

DO seek legal help. Immediately if possible.

I'm also sure that he can't sell the house on his own. It takes two to sign the contract, it takes two to break the contract. He can take you to court over it i'm sure (you can potentially take people to court for just about anything) and you can be somewhat forced to sell your house or come up with an alternative, but it's all depending and will take a very long time.

I'm posting this in the hopes of giving you a bit of piece of mind that you're not going to be sprung out on your rear by the end of tomorrow or anything.

best of luck. x

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A reader, anonymous, writes (6 February 2011):

Unfortunately it isn't about having "done anything wrong."

If he is going, he is going. As nobody is technically to blame... there is usually no "winning". As you live in the UK you can actually get free solicitor advice in this issue, but will ultimately possibly have to pay for services.

If you're in a civil state with him, perhaps talk about options? But i imagine thats an unreasonable suggestion.

In the land of divorce there is rarely room for emotional breakdowns, though the breakdown of a marriage partially calls for one.

You need to suck it up (i hate saying that. but it's important) and get out there and sort yourself out. Learn your rights, get support, make sure you know what's going to happen before it gets further swept from under your feet.

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A male reader, CaringGuy United Kingdom +, writes (5 February 2011):

Yes, he can. Either that, or the he will exchange the house in favour of maintenance (i.e. you get the house, but you won't get anything else - though even this is unlikely.). It's even easier since you have no mortgage or children. As the post below says, that will work against you sadly.

I would urge to you speak to a solicitor as soon as you can, or you'll get walked over very, very quickly. I am sorry you are in this situation, but it's important you now do the best you can to make sure this is as painless as possible.

I am sorry you are in this situation. But please don't take it lying down. Protect yourself and get what you can.

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A male reader, anonymous, writes (5 February 2011):

It's up to what the courts decide ultimately as far as division of property. People really shouldn't be attempting to answer legal questions on here and it's best to consult with your lawyer. It's obvious the post before me is not written by a solicitor so please disregard and seek counsel.

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A female reader, celtic_tiger United Kingdom +, writes (5 February 2011):

celtic_tiger agony auntShort answer, yes he can.

I know this is probably not what you want to hear.

Just because you still love him, and want to make the marriage work will not be enough to force him to stay if he no longer loves you.

When it comes to a divorce the fact you do not have children will work against you as a woman. Any joint financial assets will be divided - that includes the house.

If you do not wish to sell, then you would have to buy him out and give him his portion of the money.

This is something you would need to consult a solicitor about in regards to where you stand financially. Divorce can be a horrible thing, and having seen my parents go thru it, can wreak havoc on finances. My mum was able to keep the house but had to buy him out - something which means we are now faced with a hefty mortgage and its a struggle every month to keep the roof over our heads.

This is the reality of divorce. I wish you luck, but please get proper advice about this.

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