So, I got divorced in January 2018 with a financial order and settlement in place. My ex husband had to pay a lump sum and he signed the order etc..
A month later, my solicitor decided to email me telling me that although the order states the ex has no entitlement to any profit from the former marital home, the Land registry may have an issue with that when I sell up... he wanted me to get two documents totalling around £500 + VAT and his costs etc...
Transfer of tenancy and Declaration of trust.
I am now at the stage of wanting to sell up so..
1. Do I need his permission to sell/put on market?
2. Will he be entitled to anything??
He left the home in 2011 and hasn't paid a penny towards the mortgage or anything else since.
He has court proceedings against him for non payment of child maintenance too at the moment... so I'm assuming he will try and make it difficult for me to sell..
Please help, I'm exhausted trying to find the correct information...
Ok, so the order had a lot of information on it which is straightforward but I will put two of the paragraphs here which may answer your question.
THE RESPONDANT SHALL FORTHWITH TRANSFER TO THE APPLICANT ALL OF HIS LEGAL ESTATE AND BENEFICIAL INTEREST WITH FULL TITLE GUARANTEE SUBJECT TO THE MORTGAGE AND SECOND CHARGE.
THE RESPONDANT UNDERTAKES TO EXECUTE FORTHWITH ON DEMAND BY THE APPLICANT (ME) ALL DOCUMENTS THAT ARE REQUIRED TO TRANSFER HIS BENEFICIAL INTEREST IN THE FMH IN THE EVENT THAT IT IS NOT POSSIBLE TO TRANSFER HUS LEGAL INTEREST IN THE FMH PUSUANT TO PARAGRAPH 1 ABOVE.
He then paid me a lump sum at Absolute and two further payments. I thought this was the end of it.
So I'm just making sure that this is ok and he wont be entitled to anything upon sale as he has made any payments towards the house since 2011 and is now on liability charges for non payment of child maintenance!!
Thank you for any advice. I do have a solicitor appointment but not for two weeks...
Sorrreeee - can't advise on the terms of an order without seeing it in full.
As a matter of general principle, an order on divorce should specify in detail what is to happen to ALL the matrimonial property. Secondly, it
should be phrased in such a way as to shut out any possibility of a future claim by either of the parties.
I'm glad you're seeing a solicitor. That is what you should do. I doubt if you have too much to worry about though.
AFAIK unless it is transferred into your sole name, you both have to agree the sale. This can, I believe, all be done at the time of sale. You don't have to take on the mortgage for the transfer to happen.