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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33312
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 divorced from my husband who shares tenancy of the former

Customer Question

I am divorced from my husband who shares tenancy of the former matrimonial home. His name is ***** ***** deeds but I pay the mortgage. I wish to let this property and rent nearer my place of work, I plan to take my two children with me. (I am the primary carer for the two ages 8 and 10). Do I need his permission to do this?
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 there a financial court order setting out what should happen to the property?
May I ask why you do not wish to sell the property and purchase an alternative one?
Clare
Customer: replied 2 years ago.
The court order was that I remain in the former mat home until my youngest is over 18. The division of the property to be sold was at 60%to me and 40%to my ex. There were no other stipulations put in place.
I would prefer to sell the property but my ex is not responding to any emails or messages regarding signing the forms for the EA 's which I need him to sign as he is co owner of the property.
Could I rent it out without his permission ?
Thanks
Expert:  Clare replied 2 years ago.
Hi
Just to check - are you intending to pay him off immediately if there is a sale?
Clare
Customer: replied 2 years ago.
It would be part of the disperments of the sale and he would receive the 40%of the equity once the mortgage was paid off.
Expert:  Clare replied 2 years ago.
Hi
I am afraid that legally you do need his permission to let the property.
However if what you wish to do is sell the property and he will not sign the necessary documentation then you can apply to the court for an order that allows the court to sign in his stead
Please ask if you need further details
Clare
Customer: replied 2 years ago.
How long would that process take to get a court order and are their any pitfors I can avoid along the way ?
Are there any costs involved and do I need legal representation to get this court order of sale?
Thanks
Expert:  Clare replied 2 years ago.
Hi
Looking at your original court order what does it actually say about triggering a sale?
(hoping to find a swift way around this one)
Clare

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