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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34234
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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can my fiance sell the matrimonial home

Resolved Question:

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

Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
I assume that you mean that her Matrimonial Home Rights have been registered?
When was the Decree Absolute and how long had they been married?
Clare
Customer: replied 3 years ago.

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.

Expert:  Clare replied 3 years ago.
Hi
Has his ex remarried?
Clare
Customer: replied 3 years ago.

Hi no she hasn't and isn't cohabiting either

Expert:  Clare replied 3 years ago.
Hi
How far has the financial application reached - what is the hearing scheduled for September?
Clare
Customer: replied 3 years ago.

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.

Expert:  Clare replied 3 years ago.
Hi
Is there an urgent heed to sell?
Clare
Customer: replied 3 years ago.

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.

Expert:  Clare replied 3 years ago.
Hi
Has he asked - via his solicitor- for her agreement that the house is sold so that they are arguing over cash rather than the property?
Clare
Customer: replied 3 years ago.

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.

Expert:  Clare replied 3 years ago.
Hi
Although your partner can get the Notice lifted the fact that there are ongoing Court proceedings means that his ex can obtain an Order that it continue without any major problem - or could simply apply to the Court for an order preventing the sale.
In addition the fact that he has tried to sell the property could prejudice the Court against him
I am sorry - I know that this is not good news - but it is the situation that he faces
Please ask if he needs further details
Clare
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