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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.

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Selling the house without ex's consent

  • cavviecath
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30 Jan 08 #12341 by cavviecath
Topic started by cavviecath
My partner has been divorced 10mths (split 2yrs) and the financial side is not yet finalised due to his ex's behavour (not turning up at mediation, making unreasonable demands). My partner has sole custody (through court) of one child from the marriage and one child from his ex's previous relationship. In 2 years his ex has made NO effort to see them or paid any maintainance. The property is in my partner's sole name and was purchased from his dad as a reduced price (£50k off market value) as future inheritance to my partner. The house now has £36K equity (he remortgaged) and he is selling as he cannot afford the mortgage (he has had to change jobs due to looking after the children and his wage has halved). Can he legally sell the house without her knowledge? He understands that she will be entilted to something and will keep some aside, but he has to sell ASAP otherwise the house will be reposseed and his kids will be homeless

  • Josh2008
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30 Jan 08 #12343 by Josh2008
Reply from Josh2008
As long as the house is in a sole name and the former spouse has not filed a home rights charge against it, he can sell up no problem

If the ex has a charge against it, he can still sell but it would be obvious to anyone buying when searching that another party has a charge

The other party will have to give their permission for the sale to go through but may have some recourse on the split of asset

You can find out if their is a charge by looking the property up on the land registry site

Link to land registry:-

www.landreg.gov.uk/houseprices

Click on house prices, enter the post code, you then get a choice of those properties registered in that PC area.

Select the property in question and then for £3 you can download the registry details

Save it to your desktop and then print it out

Very nifty

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30 Jan 08 #12352 by cavviecath
Reply from cavviecath
His ex did have a charge on the property, but he had it removed this week as they are no longer married (papers came through today)

Thank you Josh

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30 Jan 08 #12358 by Josh2008
Reply from Josh2008
I am not entirely sure if you can have that re-instated as the finances are not sorted - check with the land registry

Also see if you can instigate a court order to re-instate and continue with a charge until finances sorted

  • LittleMrMike
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30 Jan 08 #12361 by LittleMrMike
Reply from LittleMrMike
I'm not terribly clever about these things, but I know the Court has quite extensive powers to prevent dispositions designed to avoid a claim to ancillary relief. This might, for example, include freezing the sale price or part of it.

I would see your solicitor, but speed is obviously important.

Mike 100468

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