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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34233
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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I am getting divorced but I need to know if I am allowed to

Resolved Question:

I am getting divorced but I need to know if I am allowed to sell my house before the divorce comes through. The mortgage is in my sole name as are the deeds and I have had the house for 17 years. My husband only lived with me for about 2 1/2 years and never paid any mortgage or bills directly, just paying rent to me each month. We have been seperated 2 years now and he has agreed to the divorce and that we both leave the marriage with what we had - ie I won't touch his pension and he won't touch my house. I want to move from the area and have found a flat but I can't afford to pay for both the flat and the house at the same time so want to sell the house before the divorce comes through....if I do this can I be made to pay him anything and if so what sort of proportion and also how would anyone know?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
is your ex aware that you wish to sell the house?
Clare
Customer: replied 2 years ago.

No he isn't at the moment and I didn't really want to tell him, he was very cruel to my son and we just want a fresh start.

I only own a 1/4 share with the local authority the rest I pay rent for, my shared ownership agreement has always been between myself and them. When I got married in 2010 they told me that they would not recognise anyone else on it.

Expert:  Clare replied 2 years ago.
Hi
How much is the house worth and how much is outstanding on the mortgage?
Clare
Customer: replied 2 years ago.

My 1/4 share of the house is worth £60,000 and there is about £11,000 left on the mortgage.

Expert:  Clare replied 2 years ago.
Hi
Do you know if he has placed a Matrimonial Home Rights Notice on the property?
Clate
Customer: replied 2 years ago.

No he hasn't done anything to my knowledge and surely I would have to be notified of that?

Customer: replied 2 years ago.

No he hasn't done anything to my knowledge.

Expert:  Clare replied 2 years ago.
Hi
You would have had notification o fit - but you do need to be aware that he can do this at any time - and that it could bring a sale to a full stop if it happens prior to completion.
On that basis it would be unwise to start this before the final financial agreement has been reached and turned into a Consent Order
Given the relatively short length of the relationship and his lack of contribution any claim he has is going to be relatively small - maybe between 10% and 15% of the equity at worst.
Even that may not happen if his pension is large as you have a claim for 50% of the pension accrued in the time you were together.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

We are not doing any financial agreement with the divorce. It is just a plain and simple divorce - leaving, in theory, with what we came in with. That's what we agreed and we are doing the divorce without solicitors because of the cost. So does that change anything in your answer?

Expert:  Clare replied 2 years ago.
Hi
Then provided your ex has not registered a Matrimonial Homes Rights Notice then you can sell the property without any problems - only if he makes an application to the court is there any risk to the funds
Clare
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