selling mh

i am the sole name on the mortgage been married almost 18 yrs
i want to sell the house i know my wife is entitled to half the profits and do understand that this is fair
we have two children 16 and 12 we are all still living in the mh what i would like to know is do i need her permission to have the house valued and put up for sale

No without her consent you should not do this until a financial settlement and consent/court order is made. It is matrimonial property regardless of who is on the deeds

She has as much right as you do to occupy. Are wife and children still living in the house?

Just reread your post and realise you are all still living there, the children''s housing needs will be given priority and the decision of who stays in home or whether it is sold cannot be made unilaterally.

I don''t know the legal position if your wife''s name is not on the mortgage. Is her name on the land registry document?

Are you both still living in the FMH and have you discussed how each of your housing needs will be met? Your wife may well be entitled to a share greater than 50/50 depending on who will be caring for the children and your earning capacity, pensions etc.

I was strongly advised by my solicitor not to allow the house to go on the market until a Consent Order was in place.

the house is your matrimonial hjome, so she has matrimonial home rights in relation to it, and has a claim against it. You will not be able to sell it without her consent or order of the court, and the first thing which she will be advised to do is to register her matrimonial home rights to protect her position.

Whether it is appropriate to sell the hoseu will depend on a number of factors, most importnatly whether, if the house is sold, there will be sufficient equity to allow either or both of you to re-house yourelves tand to provide a home for the children. You will both need to look at your respective mortgage capacities (taking into account earnd income, but also any income either of you may be entitled to by way of tax credits or child support) and housing needs to get a feel for what may be parctical.

If there is not enough equity to allow the children to be rehoused, then it may be that the hosue has to remain unsold, as a home for the chilren, and be sold once they leave school.

When the house is sold, It is not a foregone conclusion that the split of the equity will 50/50, as this will depend on you and your spouse''s respective needs, income, earning capacity etc.

If, for instance, the children were to live with you, and you were earning elss than your wife, it is likely that you would be entitled to more than 50%, and vice versa if she is the lower earner and/or the childnre will live primarily with her.

wittsy wrote:

i know my wife is entitled to half the profits and do understand that this is fair

Hmm clearly you don''t know or understand what the law deems is "fair" then!

In these circumstances you''re very unlikely to get 50%.

yes were all still living here at the moment