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Judicial Separation - Who sells the home

  • 13-02-2018 11:23am
    #1
    SoapMcTavish
    Registered Users, Registered Users 2 Posts: 493 ✭✭


    Hi,
    Hoping to avoid a judicial separation, trying to make a reasonable buy out offer to my wife. But - if we end down the judicial route ( which is looking imminent ), and a judge issues a sale order of family home - who actually organizes the sale ? Me ? Her ? Us together ? Bank ? Who ?

    Mortgage is half paid so there is some equity. It is the only asset we have. Kids grown up.

    How to ensure home is sold for market value ?


Comments

  • #2
    Ditto23
    Registered Users, Registered Users 2 Posts: 4 ✭Ditto23


    I suppose depending on how things are if possible you would arrange a mutual sale. If one or other disagrees with the court order the court will have the powers to take it out of your hands and force the sale dividing the equity as directed. I am in a very similar prediciment in that i am trying to live in an intolerable situation and stay in the family home for the sake of the kids i also simply cannot afford to set up alternative accomodation and do not have a family home to return to as my parents passed away a number of years back. I am not sure how long I can last as i am subject to extreme mental torture now. My wife has applied for legal aid and threatned to force a judicial separation through the courts to get me out not sure I will last there that long.


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