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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33307
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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Clare,I married my ex wife in 2004. We both owned our

Customer Question

Hi Clare,
I married my ex wife in 2004. We both owned our own homes and i sold mine when we got married and the money i made (as my house had increased in value) was £15000. I used this money to pay for the wedding and home improvments which included new sofa, living room decorated and a new bathroom (decorated and full appliances). When we seperated 2 years later i wasnt in a position to file for divorce as i had been made redundant. But in 2009 i was in a position to file for divorce which i did. My solicitor recommended putting off the decree absolute until the financial matters had been settled. However my ex wife refused to cooperate, didnt agree to mediation and stopped communicating with her solicitor. Her solicitor did make an out of court offer of £2000 to settle it, but even when i reluctantly accepted this, all further communication stopped. as a safeguard my solicitor applied to have my name put on the land registry to prevent her from selling the home prior to the financial matters being settled. (she never put the house in joint names). At the time i didnt have the funds to go to court to resolve the matter and so things were left at that. Still no settlement and still no decree absolute. This year i decided to apply for the decree absolute to move on with my life and it was granted ony a few weeks ago. I have just found out that my ex wife has put the house on the market. The pictures on Reeds Rains show the bathroom i paid for, the sofa and decorations and even my £1000 stereo that she refused to give back to me. I would like to know if i am able to stop her selling the house before i can claim a settlement. Apologies for the long story. (i havent contributed to the mortgage since separation.
regards
John
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare I will do my best to help you
The property has now gone on the market as the Restriction at the Land Registry was automatically lifted when your ex sent a copy of the Decree Absolute to the Land Registry
Your only option is to make an immediate application to the court for the financial issues to be dealt with - and for an Order freezing the proceeds of sale if the sale goes ahead in the meantime
Please ask if you need further details
Clare
Customer: replied 1 year ago.

i have been to a solicitors today so your advice (which is basically to go to a solicitors) is now too late. When i was typing my question it stated that you were online at that moment and ready to answer... Yet i waited for a number of hours and still hadnt got a reply, so this morning i phoned a solicitors and have an appointment with them. There is no point in me now asking further questions (which i would have done if i had my response within 30 minutes of asking my question... which is what was implied.) as it seems that the response is just to go to a solicitors anyway.

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