I want to sell our house but my husband doesn’t. We have no children or dependants. What’s the legal position?
I take it you are joint owners of your property, so you would probably have to make an application to court for the house to be sold if your husband refused to sign the paperwork. Generally where a joint owner wishes to sell the court would order that the sale should proceed other than in exceptional circumstances. This course of action would probably have consequences for your marriage, so it might be preferable to seek counselling in this area before proceeding towards litigation. If you are joint owners, as opposed to tenants in common owning unequal shares in the property, you would most likely be deemed to own a 50% share of the equity.