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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

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Selling joint-owned house without both signatures

  • maggie
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01 Jan 08 #9771 by maggie
Topic started by maggie
With a Consent Order to sell the mortgage free former matrimonial home- is it possible to do this if one joint owner can't find the other or one of the joint owners fails to respond to any contact?
Will estate agents refuse to market a house unless both sign an agreement to sell?
Is that the same for online house selling?
If you find a buyer what happens if only one of the joint owners is available to "sign over " the deeds?

  • LittleMrMike
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01 Jan 08 #9774 by LittleMrMike
Reply from LittleMrMike
If the house is in joint names then it would be unwise to put it on the market unless both owners are willing to sign the transfer. If one can't be found, or is being plain obstructive, them I'm pretty sure that the Courts have power to give directions and if necessary, could compel the recalcitrant owner to sell or enable the other to sell without the other's consent. That of course, could take time and a buyer might not want to wait.

Does the order itself say anything about this ? Does it say that either party has liberty to apply ?

Mike 100468

  • Fiona
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01 Jan 08 #9778 by Fiona
Reply from Fiona
As Mike says when one party is non-contactable / non-cooperative and all reasonable efforts have been made then you refer the matter back to court and if need be 'power of attorney' will enable the agreement to sell to be signed on his behalf.

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