Hey there! Sign in to join this conversationNew here? Join for free
    • Thread Starter
    Offline

    0
    ReputationRep:
    Okay, so this gets a bit messy, but I'm just confused about law and the entitlement. A bit of backstory;
    So, my parents have been married for nearly thirty years and they have three kids; me and my older sister, and my younger sister. My older sister has moved out, I'm on a gap year and my younger sister is still in secondary school and doing her GCSE's in the next year. Recently, it's come to light that my Dad has been having an affair. The relationship between him and my Mum had dissolved years ago, but malicious mail has been sent about my Dad's affair which none of us knew about. He blamed these malicious mail on both me and my older sister, who done the square root of nothing. So, my Dad walked out saying he wants nothing more of me and my older sister, and has moved in with the person he was always having an affair with. He's trying to get us to sell our house (our only asset in the whole process) whist he keeps his private pensions, the car, and so on.
    Out of curiosity what rights (in regard to the law) do we have - my Mum is trying to divorce on the grounds of adultery . Can my Dad force the sale of the house even though there is a kid in education living there? How much would we get from sales of the house if and when we do move? That kind of thing. Thank you in advance
    Offline

    11
    ReputationRep:
    Wow, some big questions that mostly won't be answered until your parents either agree this via mediation or in court. However, it's very unlikely that the house can be sold all the time there is a child from the marriage living at home either under 18 or in full time education.

    Make sure you let a close friend or two know what is going on so that they can be there for you. Keep talking to your mum and sisters, and if possible remain calm with your dad. It will all calm down eventually, and then life will go on.
    • Section Leader
    Offline

    21
    ReputationRep:
    Section Leader
    (Original post by fishcaked)
    Can my Dad force the sale of the house even though there is a kid in education living there? How much would we get from sales of the house if and when we do move? That kind of thing. Thank you in advance
    You probably need a lawyer.

    But in the absence of one - short answer appears to be one party can't force the other to sell without a court order:
    http://www.divorceaid.co.uk/financial/family-home.htm
    http://www.divorce.co.uk/your-finances/your-family-home
    http://www.lindsays.co.uk/news-and-f...on-or-divorce/

    Also, I'm pretty sure your dad will come to realise you and your sister had nothing to do with the mails at some point in the future.
    • #1
    #1

    I don't know the ins and outs of a situation like this legally but when I was still at primary and the divorce was going through my father was selling his half of our house and was bought over fortunately and consequently I think you may have to face the possibility of this happening sorry you're caught up in the middle of something like this
    • #1
    #1

    Just realised my above post doesn't really make sense ^
    Basically my mother was forced to buy my father's half of our home as he was selling
    Offline

    19
    ReputationRep:
    On the deeds who's name is on it? Is it joint? If your mums then he cant make her sell.

    Seek free advice from Advice Bureau. He's a **** for acting like this
    • Thread Starter
    Offline

    0
    ReputationRep:
    (Original post by SMEGGGY)
    On the deeds who's name is on it? Is it joint? If your mums then he cant make her sell.

    Seek free advice from Advice Bureau. He's a **** for acting like this
    It's under joint names. We've already talked to Citizens Advice Bureau but the person was next to useless and kept saying they don't know because they haven't been trained. Which is always handy. But yeah, he's not the nicest of people ever.
    Offline

    20
    ReputationRep:
    It was certainly a big shock for me at 14 moving out of the house I had always lived in. Whether there is a child living in it or not, at the end of the day the house is an asset which will have to be divided accordingly when a divorce settlement is reached.

    The best thing to do from my own experience is to avoid getting caught up in any of their arguments and just let the situation play out.
    • Thread Starter
    Offline

    0
    ReputationRep:
    (Original post by Anonymous)
    Just realised my above post doesn't really make sense ^
    Basically my mother was forced to buy my father's half of our home as he was selling
    Oh okay,
    No it made sense don't worry! Thanks
    • Thread Starter
    Offline

    0
    ReputationRep:
    (Original post by jneill)
    You probably need a lawyer.

    But in the absence of one - short answer appears to be one party can't force the other to sell without a court order:
    http://www.divorceaid.co.uk/financial/family-home.htm
    http://www.divorce.co.uk/your-finances/your-family-home
    http://www.lindsays.co.uk/news-and-f...on-or-divorce/

    Also, I'm pretty sure your dad will come to realise you and your sister had nothing to do with the mails at some point in the future.
    Yeah, thank you
    We've spoken to lawyers and soliciters and they are always saying different thing and it's not overly useful but thank you for the links!
    Offline

    19
    ReputationRep:
    (Original post by fishcaked)
    It's under joint names. We've already talked to Citizens Advice Bureau but the person was next to useless and kept saying they don't know because they haven't been trained. Which is always handy. But yeah, he's not the nicest of people ever.
    OK well he still can't FORCE her to sell just to get his own way. Which is a good thing. As for cars, are they in joint name too? If so get your mum to get them back or her share do appoint a solicitor

    Posted from TSR Mobile
 
 
 
Reply
Submit reply
TSR Support Team

We have a brilliant team of more than 60 Support Team members looking after discussions on The Student Room, helping to make it a fun, safe and useful place to hang out.

Updated: March 4, 2016
  • See more of what you like on The Student Room

    You can personalise what you see on TSR. Tell us a little about yourself to get started.

  • Poll
    Has a teacher ever helped you cheat?
  • See more of what you like on The Student Room

    You can personalise what you see on TSR. Tell us a little about yourself to get started.

  • The Student Room, Get Revising and Marked by Teachers are trading names of The Student Room Group Ltd.

    Register Number: 04666380 (England and Wales), VAT No. 806 8067 22 Registered Office: International House, Queens Road, Brighton, BN1 3XE

    Write a reply...
    Reply
    Hide
    Reputation gems: You get these gems as you gain rep from other members for making good contributions and giving helpful advice.