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hd36kc | 09:12 Tue 15th Nov 2005 | Business & Finance
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my husband left me and my son (15) 2 years ago...can he make me sell the house when he is 16? we are still married
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I'd contact the Citizens Advice Bureau. Probably not what you want to hear but my ex-next door neighbour had to sell his house when the youngest child was 16 (he'd got custody of the kids). The proceeds of the house were split 50/50.
Try to come to some suitable arrangement with him at least until your son is older and able to fend for himself. If not, get a good lawyer and get what you can through the courts, they tend to be more sympathetic to mothers although I don't think he can do much while you are still married especially if the house is in joint names. If your son goes on to higher education then I think the age limit is 18. You could always have another child!!!!!!!
hd, go to CAB first as they are free. Lawyers are very expensive.
The simple answer is "maybe". In order to sell the house he would need to get you to agree, or he would have to apply to the Court for an order under Section 14 of the Trusts of Land and Appointment of Trustees Act 1996. The Court will make such order as it thinks fit, but will approach the situation on the basis that the house was purchased as a home for you and your son (and husband) and that purpose continues, hence a sale would not be expected.Even if you were to divorce the Court would not want to see you and your son homeless.
I would say that if he continued in education then up until he was 18 you would be ok. The fact is that your husband has an interest in the home which either would have to be part of a settlement of some kind, or you would have to buy him out. It would all depend on if you got divorced, what the marital assets were and how they are divided and on the income and position of you both and the length of the marriage. You need some advice as previously stated.

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