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Can anyone help me please...

  • Mummyinneed
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3 years 8 months ago #488567 by Mummyinneed
Can anyone help me please... was created by Mummyinneed
My husband and i jointly bought a house (to be a marital home after he leaves the forces) and we rent it out.

The marriage has hit the rocks and i need to move in to the house with our children but...the agreement with the letting agents is in his name only, therefore they wont deal with me to talk about notice to tenants etc. Therefore i am stuck as am powerless to gain access to my house as he will not do this as wants to sell the house. What can i do?

Furthermore, i have found out he has approached estate agents to sell the house - without my permission!

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3 years 8 months ago #488572 by hadenoughnow
Replied by hadenoughnow on topic Re:Can anyone help me please...
If you jointly own the house then he cannot sell without your agreement. If you know who the estate agents are that he has approached, you should contact them to let them know you are the joint owner and that you have not agreed to sell.

As far as the letting agreement goes, I am not sure how he was able to enter into a letting agreement without your agreement. Did you sign something? You may well need legal advice on this one. You could always ask the Citizen's Advice Bureau to see if they are able to give you advice on this one.

Bear in mind that, if the property is let out, you may not have a residential mortgage. This would need to be changed if you intend to live there. Unfortunately if both your names are on the mortgage, he would need to sign any documents to make changes to the mortgage.

Ultimately this may have to be sorted out as part of a financial settlement if the marriage has broken down completely and you end up getting a divorce.

Hadenoughnow

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3 years 8 months ago #488618 by Mummyinneed
Replied by Mummyinneed on topic Re:Can anyone help me please...
Thank you, this morning i have seen the advert for the house online therefore i will contact the estate agents and let them know that i am not in agreement.

I called CAB a few days ago and the lady told me the letting agents have every right to not speak to me as i am not their client, husband is as thats who they have signed a contract with. Annoying!

I am not sure if i have signed anything to do with the house let, it was a few years ago and i really cannot remember. I am trying to locate the paperwork but he has probably hidden away it elsewhere.

I have booked a free 30 min session with a solicitor, i hope they can help advise me with this.

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