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?
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.
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?
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.