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
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.