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Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 13472
Experience:  25 years experience of all aspects of family law
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I am trying to find out three things: 1. How to delay the

Customer Question

I am trying to find out three things:
1. How to delay the sale of our main house in divorce proceedings that my wife is initiating rather than me
2. What the rules are on how far she can go back in time for incidents of unreasonable behaviour, and
3. How I can ensure that her own psychological and anger problem can be factored in to my defence to my advantage as regards ***** ***** sharing and delaying the house sale referenced above.
We have a 12 year old daughter to consider, as well as a grown up daughter who still lives at home
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.


Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Which part of the UK are you in

Customer: replied 1 year ago.
Thanks Clare.We live in East Hampshire and I think we would be using the South West Regional Divorce Centre in Southampton.Dominic.
Expert:  Clare replied 1 year ago.

Thank you for that

How much is the house worth and how much is outstanding on the mortgage?

Who is living in the property at the moment?

What income do you each have?

Customer: replied 1 year ago.
Clare,Our house in Hampshire is worth circa £2.3M. Its equity is £1.6M. It is part-owned by our children's trust which makes it quite complicated to sell.
We have a holiday home in Canada which we are selling and the equity released by that will be circa £500K. I have said she can have these proceeds to put towards buying herself a new house, but it is uncertain when we will get them.
We all live in the Hampshire house at present. This morning at mediation my wife agreed to a divorce based on two years separation, which 2 year period has not started yet. She also agreed in principle to move in to rented accommodation in order to establish the two years of separation, but I don't think she expects to have to rent for the whole two years.
I am retired, and my wife has no income of her own. We currently live off our joint investment fund, which will last until April 2017 when my pension funds then become drawable. With this and the equity released from the two houses we will have enough to live off indefinitely, so there is no financial pressure on us thankfully, but my wife still wants to force me to sell the main house before I want to do so.
Expert:  Clare replied 1 year ago.

Why do you wish to delay the sale?

Customer: replied 1 year ago.
Because it is my home and my daughters' home, and the only one of the four of us who wants to sell it is my wife.
Expert:  Clare replied 1 year ago.

How far has the Canadian sale reached?