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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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is my ex who left the property 10 years ago but has a 60% share

Resolved Question:

is my ex who left the property 10 years ago but has a 60% share in the sale of the house allowed to enter the property whenever she wants, when i still live there and my partner about to move in with me.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you but I need some further information first.
Is she still a joint owner of the property?
Clare
Customer: replied 3 years ago.

yes ex wife is still a joint owner, but has never contributed financially to while living there or the 10 years since she has moved out.

Expert:  Clare replied 3 years ago.
Hi
I am sorry but if she is a joint owner then yes she is entitled to enter the property whenever she wishes - unless you obtain an order excluding her as a result of her violence
Please ask if you need further details
Clare
Customer: replied 3 years ago.

because my ex wife is going to force the sale of the house i live in , is she allowed to refuse my offer to buy her out, if i offer her the 60% she was awarded by the courts.

Expert:  Clare replied 3 years ago.
Hi
Is there any particular reason (other than bloody mindedness) for her refusal?
Does she wish to port the mortgage?
Clare
Customer: replied 3 years ago.

No, her refusal will just be down to the fact she is trying to stop my partner and her children move into the property with me. At no time have i tried to do her out of her 60% stake in the house. I have no mortgage on the property, herself and her partner has lived off benefits for the last 13 years so have no chance of buying any property. This is all down to jealousy

Expert:  Clare replied 3 years ago.
Hi
Then she will find that any action to force the sale will lead to an expectation that she accepts the money that you are offering
Alternatively you can apply to the Court to vary the Order to allow for a "buy out" rather than a sale
I hope that this is of assistance - please ask if you need further details
Clare
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