Advice forum

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

I want to split, house owned 50/50. Husbands business based at home. He refuses to sell/leave

01.11.2019 20:05:29


What are my rights on forcing someone to split and sell the house?

Main issue was lack of intimacy and affection over a period of years. And when I arranged a weekend away to chat abiut these issues he discloses he has had an std since we met and never told me.. my suspicions are that this was from a time 2 years in to the relationship when I suspected him cheating but he says not..

I really cant just cant get over this and counselling has just not worked.. Husband refuses to leave the house, complication is we have had a joint business for over 10 years with lots of loans in both are names that went into business ( not doing great btw) but is based at home. We have 2 kids who he adores and is a good dad..

Our money issues forced me to start my own business 18 months ago which is doing okay as well as my full time job meaning he does most of the school run etc.l and I am working myself into the ground most of the time.

Should I leave and take kids? Rent somewhere and then leave? Ps; I'm not leaving them...

Really feel trapped and how the arguments are spilling over into the kids space and I just cant do this to them.

Any advice welcome x

Replies (1)

Kate Daly
05.11.2019 9:45:51

Thanks for getting in touch. It sounds like you are in a tricky situation and I can understand why you feel trapped.

The bottom line is that you cannot force someone to leave or sell a property you jointly own without a court order. For the court to grant an order you will need to make a financial order application as part of divorce proceedings. You must be sure the marriage is over before you start divorce proceedings. If you are, then you will need to have your Decree Nisi granted before the court will consider an application for sorting out your finances. We can help you with a divorce or you can go online and do it through the government portal.

Applying for a financial order can be a long and expensive process. The court will consider all your finances not just the marital home and you will be bound by the courts decision. Most people need the help of a solicitor to organise court proceedings. A better alternative is to negotiate with your partner. If things are tricky then amicable, or mediation both offer negotiation support. You can get in touch and we can arrange that with you. Negotiation is usually worth exploring before a court application.


If you are happy for amicable to contact you in the future for marketing purposes, as well as for help and advice on divorce and separation then please tick the boxes below to tell us all the ways you would prefer to hear from us. You can read about how amicable may use your data here, and withdraw your consent at any time.

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.