hi there i wonder if you could answer a question for me. My fiance is divorced. however the financial settlement isn't complete as of yet. his ex wife had a charge on the property which we have recently learned we can remove as decree absolute is through. He has tried many times and offered her 50% of the equity in the home however she isn't happy with that. He doesnt wish to be unfair with her. But would like to sell the property (not to spend any equity, just in hope that as we get married in august and the court date isnt until september that we can move onto our own married life). anyway my question is what would his ex wife need to have a continuation order charge put on the property after we remove this? info she left the home 5 years ago he has remained in the property
hi Clare, its called a Notice of home rights under the Family Law Act 1996 not sure if that is the same thing the house is solely in his name. the marriage was 16 years from 1997 the nisi was granted in 2010 but the absolute in 2013. the land registry informed us as the decree absolute is through he can remove the charge. Also not sure if its relevant she doesnt reside in the home she left 5 years ago.
Hi no she hasn't and isn't cohabiting either
form e's have been handed in questionares are being filled in. its a Financial Dispute Resolution hearing as she wont accept any offer made or actually state what her offer would be.
well my fiance is based in the south and i am in the north we are due to be married in august and were hoping to use his share of the equity (hopefully) to put towards or purchase a property and just to really get a fresh start into married life. Until finances are settled we are unable to do this and continue to live at either end of the country. He is waiting to relocate to the north with me.
No he hasnt I dont think thats what she wants as he received a letter via her solicitor stating she wanted him out of the house by the end of last month and to take his belongings so she could move back into the house. We found out legally she wasnt able to do this so of course he refused.