I have been married for 8 years. After 3 years living together in my first house we moved to a larger house using the equity form my first house for the second.
The mortgage was taken out in my name only, as the lender would not allow my wife's name on the mortgage, due to poor credit history.
So I had to buy the house as a single person stating she did not live there.
Since then things have turned sour and in my absence she has changed the locks on the house and refused me entry.
I have two children, who she is also refusing to let me see and now she has told me she has registered herself on the land registry and is putting the house on the market (her name is not on the deeds - however they are in the house, I have no access to).
My question is can she legally do this?. I want the house sold, But contact
should be through me??
Please help and Thanks in advance.
It sounds like the estate agents either didn't ask the question of who owns the house, or if they did she lied to them.
Legally no, she cannot sell the house. She may well get into hot water if the estate agent finds a willing buyer but of course a sale cannot go ahead unless you are involved. She would be liable for any estate agent fees if the sale is aborted.
It would all grind to a halt when solicitors
get involved for the conveyancing as you are the sole legal owner.
If you do want to sell anyway you may find that any sale proceeds end up being held by your solicitor pending your financial split being worked out.
I'm really not sure what she's trying to achieve here.
She may have registered matrimonial home rights if her name is not on the deeds. This does not give her the right to sell the house, only to prevent you from selling while finances are sorted out if you are divorcing.
If you know who the estate agent is, I would suggest you contact
them to let them know the ownership situation.
Are divorce proceedings under way?
How the finances are divided will depend on a range of factors including your ages, incomes, how long you have been married, the arrangements for the children and the assets you have between you.
I am afraid you are mistaken with regards to the sale of the house.
You have two children who need a home. That changes the situation.
In a ideal world you would both be able to have a home suitable for the children. If there isn't enough cash to achieve that, the parent who has most care of the children will end up with a larger property. This may not be forever. There are arrangements that allow the parent and children to remain in a property until a trigger point is reached. This may be youngest reaching 18, end of first degree or remarriage. At this point the property is sold and the proceeds divided according to an agreed formula set out in a court order.
Depending on your circumstances you may have to pay spousal maintenance to cover the mortgage as well as child support
. The mortgage may well have to remain in your name.
Division of finances is about needs and the means to meet them. You will each need to disclose your financial position and set out your needs for housing, income etc. She will be expected to maximise her income through working, claiming benefits
, retraining etc.
If the fmh
is much larger or more expensive than is needed, there may be an order for sale but the court will be concerned with how the housing needs of the children will be met. A value may be put on the fmh with an expectation that it will be sold for that amount. You cannot sell it at below market rate.
As home rights appear to have been registered, this would prevent any sale until finances are sorted out and a legally binding order is in place. This can only happen after Decree Nisi.
I know all this might not be what you want to hear. It is important to remember that this is about the children. They should be the priority for both of you even if the marriage has fallen apart.
I don't think she actually means to put the house on the market because (a) she can't legally do this (b) if the house were sold she would make herself and the children homeless. It's probably something she just said to wind you up. It would be in her best interest to just stay put and let you pay the mortgage until the finances are sorted. I hope you get some sort of access to your children soon, have you discussed
mediation as a way forward for this?