Can a time be set on sale of home after divorce?

Hi All.

I am divorced and living in rented accommodation. My partner is in the process of the very early stages of divorce. She is still living in a property with her husband (who is 65 and retired) and their 21 year old son. They have been living separately, in the same house, for three years. The house is fully paid for and worth approx. £350000. They have been there for 25 years.

I won’t go into the whys and wherefores, but it is a difficult situation with her son being still young and living at home, who won’t want to live with her mother and me.

We are both 58 with little savings but between us can probably obtain a mortgage of around £230000.

The problem is her house. On the one hand we need the collateral to help us buy. On the other hand her son lives there and where would he go should the house be sold.

Is there a way by which my partner can, in the divorce proceedings, legally word that the house MUST be sold (say) in the next ten years or at a time when the boy leaves to get his own place (whichever is sooner). And if so, can the collateral still be used to help us buy a place upon her divorce.

Is there a reason why the son is still living at home? IE is he still in education or have special needs?

If it is just a choice then he wouldn''t be taken into the equation regarding housing needs.

Most orders for houses to be sold in the future where there are dependant children specify 18.

You need to post more details of incomes, assets etc but bear in mind the son may choose to never leave if it is the cheaper option to stay there. You also don''t know what the housing needs of her ex will be that far in the future. At 75 a lot of peoples health and mobility will have declined.

The main priority will be housing your partner and her soon to be ex.

Hi, thank you so much for replying.

There is no special reason for the son to be at home. Just the normal cant afford to move out ones. Guess we knew this would not be taken into account, and this remains a moral decision for my partner.

I own the house my mother lives in, Its worth approx £130K and I earn £45K. I obviously cannot sell that though. I rent. My partner has joint ownership of her house. Its worth £350K and she earns £16K.

The moral issue is a big one for my partner, to the extent of being a possible deal breaker for us. We need somewhere to live. Would it be possible for her to still borrow money against her part of the house, even though her (soon to divorced) spouse and son remain there for the time being?

Sorry meant to add that her house is also fully paid up with no mortgage.

I do not know the answer with regards to whether the house could be used as collateral in the way you suggest, consulting with a bank or building society may provide the answers that you seek. Depending upon other asserts / income etc. the normal outcome would be for the house to be sold and assets shared. An alternative, and one that worked in my situation, would be to agree a total settlement figure and have a carefully worded Consent Order drawn up by a solicitor whereby the stbx husband pays a lump sum plus regular, specified monthly amounts until that amount is paid off with any outstanding amounts being settled upon death from the estate were it to occur. This court order may then provide additional proof of income for your partner with respect to a mortgage request. This may not work for your partner and yourself if the husband has little or no other assets plus a low income and clauses regarding non-payment of the periodical amount would regardless have to be included within the order.

Forgot to add that the consent order could also provide for the property to be transferred to the stbx husband within a specified time frame, thus providing added incentive for the order to be agreed.

You say your partner is in the early stages of divorce - has she got legal representation? If so what did they suggest? Is the matter going through the courts or mediation? What size is the house - presumably it''s at least 3 bedrooms? If so both parties only need in theory 1 bedroom - unfortunately due to the sons age he won''t be taken in account! (That''s the law) . I''m not sure about getting an order to sell the property - but there seems no other option as the situation could go on forever - but putting a time limit on it I don''t think would be a good idea? you suggest 10 years - that''s a long time - is there a reason why the property can''t be put on the market now - it could take a while to sell depending how the market is in your area. Does her husband not want to move on with his life ?
I don''t think you''d be able to borrow money against part of a house but you''d have to ask the bank.
I''m not an expert but would suggest she try talk to her stbx and discuss selling the property. Maybe out of her funds she could help her son out with renting somewhere on his own?