My ex wont sell the house

Hi there, i would like some advice on my rights as a separated parent.
My wife and i were married for 16 years we have three children aged 12,14 & 18. We separated 2 years ago and i left the family home. The house is owned by both of us but i paid the deposit mortgage etc as my wife was a stay at home mum. Once i left i was not allowed back in to the house. My business had been failing for some time and although i managed a cheap rent for a while neither of us could pay the mortgage. I managed to pay the child maintenance at three time the rate recommended by the CSA. On top of that i have been paying for the kids essentials like school uniforms, mobile phones etc. Luckily we didn''t lose the house but fell into arrears and have orders on the house when it is sold. For the second year i have been paying the mortgage and continuing with the child maintenance. My wife has been paying the loan on the arrears. She started working part time and receives some kind of income support. Unfortunately due to lack of work I became homeless a year ago. It was either pay my rent or we lose the house. My wife refused to let me move back in so i was forced to move into the garage. I had electricity but no running water or sanitation. Intermittently my wife cut off the electricity. During the winter after living in the garage for a few months i became quite ill (i have a heart condition) i met a new girlfriend and she eventually convinced me to move in with her. I have been living with her but not able to pay any rent as my money still goes on my mortgage and child maintenance. My wife finally agreed to sell the house so that we could both move on. She agreed to 40% of the equity for me. It went on the market an offer was made and accepted. I started to make plans for using some of the money to get a place to live and sort out my business.
Unfortunately she has now changed her mind. With her portion of the equity she would only be able to rent a flat not a house and she says that this is effectively making the children homeless.
I have offered to pay half the rent for a bigger place for her and the kids once we have the money from the house sale but she has refused.
Does anyone know if i can force the sale of the house? I don''t think i have enough money to go to court so i need an idea of my legal rights. Hope someone can help.

I think, sir, that you have one very serious problem, and you probably need some serious help. If I were still a voluntary CAB adviser I''d book you a two hour appointment, I think.

The house is in joint names. To sell voluntarily would require her consent ; and it doesn''t look as if she would co-operate.

In a divorce situation, the Court would prioritise the needs of the children ( as it is directed to do by statute ). Indirectly, that means prioritising the needs of the parent with day to day care.

It is of course completely impossible for me, or any other adviser on wiki, to advise without the full facts.

The only few rays of hope for you is that, in a divorce situation, you must, I repeat must, be allowed enough to put a roof over your head. Almost certainly, it will be a rented roof, and it may not be a large roof; but it would still be a roof.

If your x2b can''t manage on what resources she has or might acquire, then the only option is to sell.

As I have said before on wiki, this kind of situation requires some pretty decent advice, and a familiarity with the benefits system is crucial.
Your wife, as a lone parent with kids, is entitled to a whole lot of help and benefits which would be unavailable to you. We may have to take account of these in trying to deal with a situation like this.

It''s therefore essential to look at the situation as it will be ( or perhaps as it already is ) to resolve the problem of how you can create and fund two households when previously there was one.

I think I''ll send you a PM.

LMM

Dear Sir, thanks so much for your reply. Any ray of hope is better than nothing. My situation is unbearable.
I am planning to book an appointment with the CAB after easter.
Can i ask what is a PM?

Best wishes

Private message - you''ll see an icon top right of the window.

Good luck to you in getting sorted - what a mess!