A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Can STBX sell FMH without my consent?!

  • LosingBattle
  • LosingBattle's Avatar Posted by
  • Premium Member
  • Premium Member
More
29 Jul 12 #345916 by LosingBattle
Topic started by LosingBattle
Hi all!

Just want to know if I''m correct in thinking that my STBX cannot sell the FMH without my consent as we are both on the deeds?

Furthermore, am I right in thinking that an estate agent cannot advertise the house until both parties have signed the contract with them? If they do start to advertise it without my consent can I take any type of legal action?

Thanks !

  • dukey
  • dukey's Avatar
  • Moderator
  • Moderator
More
29 Jul 12 #345918 by dukey
Reply from dukey
A court order is needed to sell a house when both owners don`t agree.

Go to the land registry site and complete a marital home rights notice form FM1, this prevents the sale full stop.

  • epitome title
  • epitome title's Avatar
  • Platinum Member
  • Platinum Member
More
29 Jul 12 #345920 by epitome title
Reply from epitome title
Hi LosingBattle

Dukey is absolutely right, unless a Court Order is in place, you can place a marital home Rights order on the property at the Land Registry.

And it is correct that the Agents should not advertise the property until both owners have signed the contract and to actually sell the property, both parties will need to sign the solicitor/conveyancer''s terms and conditions, contract and the Transfer deed.

Kind regards

  • LosingBattle
  • LosingBattle's Avatar Posted by
  • Premium Member
  • Premium Member
More
29 Jul 12 #345940 by LosingBattle
Reply from LosingBattle
Thanks to both of you :)

I will look into getting the forms sent off ASAP!

  • missguided
  • missguided's Avatar
  • Premium Member
  • Premium Member
More
30 Jul 12 #346039 by missguided
Reply from missguided
Hi
Put my property up for sale 2 weeks ago and agent more than happy for only me to sign contact. Did think it was odd, but didn''t question it. Perhaps it was because I didn''t mention divorce and instead told him thinking of moving abroad?

Miss

  • LosingBattle
  • LosingBattle's Avatar Posted by
  • Premium Member
  • Premium Member
More
30 Jul 12 #346057 by LosingBattle
Reply from LosingBattle
Surely you will run into problems when the legal wheels start to turn?.
After all, you have to have your ex''s signature on any relevant paperwork?

  • missguided
  • missguided's Avatar
  • Premium Member
  • Premium Member
More
30 Jul 12 #346063 by missguided
Reply from missguided
My stbx agrees on selling the house, and has even spoken to the agent on the phone.
I still found it strange though that they would market the property without both signatures.
Yes, both of our signatures are needed to actually sell the house, however i figure all we have actually signed up to right now is agreeing to market it.

Thankfully stbz is as desperate to get the house sold and move on with our lives as I am.

Miss

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11