I want my half of the house

[jackdawuk]

my wife says to me that if we separate she can make wait for ever till she sells it and give me my half if i get half ,she knows i would be entitled as our kids would be 25 and upwards after 2 years separation ,my prob is can she do this or can a judge tell her to sell it or make her if she does'nt want to buy me out

[Helen]

Jackdawuk,

As far as I am aware, your wife can only hang on to the house as long as your kids are in full time education. As a rule, this does not include university education - it is school and college in the uk (up to age 19). She cannot make you wait forever so disabuse her of this impression as soon as suits. And get legal advice. If you have grounds to divorce her, do it. If it be unreasonable behaviour, do that too. Ultimately, she will have to buy you out, whether it be now or when your eldest reaches the age of recognised higher ed. In this country (England) it is generally age 19 because university ed does not count Uni is seen as ADVANCED ed, something you do not have to pay for, unless you want to. And you do not have to pay her anything. You can give your child money, direct...

Bottom line - recognise what your wife is doing for what it is. EMPTY THREATS! She has no ground to stand on hence she is sinking to what she must know is your basic fear. Do not give in to it. Let her know you are no fool and she can do her worst...meanwhile, get expert legal advice...

Helen

[jackdawuk]

thank you helen ,but ah dont want to sepoarate but the things she doing like staying away from home for 4 nights a week are doing my head in and i've told her as sex is out of the window that we dont seem to have a marriage as she tends to keep away from me that we may a swell separate thats when she went on about making me wait a lifetime a saw citzens advice they said as the kids were 25 and upwards and earnig a good living it did'nt matter who's faault it was but if separted it might be difficult to get her to sell ,but surely a lawyer could get a judge to make her sell in a time span of some sort as i would rather just leave and get it over and done with now as its wearing me down

[Helen]

Your wife cannot make you wait forever. She could only make you wait if your dependents were still in full time education. They aren't. You indicated in your last post that your kids are 25 and up. If that's the case, they are no longer dependents and a Court could rule that your wife either has to sell the home or she has to give you your share of the capital from the home. How she raises that will be up to her.

I realise this isn't something that you want but the alternative is you stay as you are forever. You need to weigh up your options, if necessary with the help of a counsellor. It will be difficult to get her to sell if you separate but not if you divorce, especially as your kids are fully grown and no longer dependent. A Judge is not going to force a sale if you are separated. He will, if necessary, force a division of assets if the two of you divorce and cannot settle things amicably.

My advice to you is go and see a Solicitor/Lawyer and get some proper legal advice.


Helen

[jackdawuk]

thankls helen will do that in the near future