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Can I sell my house without husband's permission?

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Savik2 | 01:28 Tue 03rd Feb 2009 | Civil
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Husband and I have been living in this house for 10 years, married for 8. He is rampant alcoholic, now unemployed with 5-year driving ban so unlikely to find work any time soon, and running up such huge debts that I can no longer afford to maintain him as well as the household running costs. The Title of the house is in my sole name and there are no mortgages on it. I'd like to leave my husband, but can't because the house is mine and he really should be the one to go. He refuses, even though he has the option of living in a flat we also (jointly) own. However, I really need to separate myself from his debts, for which only remedy is divorce. He said if I start divorce proceedings, he will contest me every step of the way, and make my life hell. Only way I can think of to get rid of him is to sell this house from under him. Can I do that? Or do I have to stay here and put up with his exorbitant spending, abuse of trust, etc., while trying to negotiate my way through what is going to be a very messy and acrimonious (on his part) divorce?
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If he's not on the title yes you can.
One aspect you need to consider is that to contest a divorce is a very, very, expensive business. How could your husband contest divorce proceedings when he has no job, no money, and no prospects of getting a job. It seems to be an idle threat with no substance to say he will contest a divorce application by yourself. As for his debts, they are just that, his debts, and not yours, that is providing you are not allowing him to use any credit cards belonging to you. I'm no lawyer, but it seems pretty clear that your house is yours in your sole name, you are paying all household bills, providing him with food and shelter, with nothing in return from him, except alcoholic abuse. Perhaps the best thing you can do is to see a solicitor as soon as possible, and start divorce proceedings. You could ask the solicitor the following questions.
1. In view of the irretrievable breakdown of the marriage, are you obliged to provide him with the necessities of life, food, shelter, etc. until a divorce is finalised.
2. Just because you are still married to your husband are you in any way responsible for debts incurred by him.
and
3. Is it possible to obtain an injunction to remove him from your house, in view of his behaviour toward you.
4. This is not a question, but you would need to explain to the solicitor, that there is an additional property which is jointly owned, which you are willing for your husband to move into, as he has a part share in that property.
As I said before, these are only ideas for you to try to find a way to move forward, which you need to do, as the way you are presently living is an intolerable situation.
I wish you the best of luck, and would be interested to know how you get on. Best Regards. Schutz.

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