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Selling home after wife deserts

My wife of 20 years left the family home 3 months ago to go to live with another man close by. I now want to sell the house and give her half but she does not want it sold and says I cannot sell it without her consent.

Assuming that the property is in your joint names, she is correct to say that you cannot sell it without her consent. Even if it is not in joint names she is also correct.

You can however seek a Court Order directing that the property be sold and the proceeds split in accordance with what the judge decides.

An important point here is that because your wife deserted you, you might be able to claim maintenance depending on your respective incomes. This could be dealt with in the same Court hearing as would decide the future of the property.

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

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