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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1166
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My wife has petitioned me on spurios grounds which i can prove

Customer Question

my wife has petitioned me on spurios grounds which i can prove are untrue the house still has amortgage of 40000 she wants to sell can she do this without my consent
Submitted: 2 years ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Thank you for your question.
I am a Solicitor and will assist you.
Please can I ask:
- do you want to be divorced
- is the matrimonial home in joint names
Kind Regards
Caroline
Customer: replied 2 years ago.

no
yes

Expert:  ukfamilysolicitor replied 2 years ago.
Thank you for your response. Taking into account your response - please can I ask - when did you receive the divorce petition?
Customer: replied 2 years ago.

2 days ago

Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Thank you for confirming this.
If you want to contest the divorce petition then there are strict timescales within which to do so.
You need to fill in the acknowledgment of service form and return it within 8 days of being receiving the same.
You need to complete the section that says you are defending the divorce.
The court will send copies to your spouse.
When you have returned the form - you have up to 21 days to say why you are defending the divorce. This is called giving an answer.
To do this, fill in the answer to a divorce petition. There is a £245 court fee.
If you wanted file for divorce yourself - you could - although I note that you state you don't want to be divorced.
The court will list the case for a hearing.
Contested divorced can be expensive and you should consider instructing legal representation for a contested hearing.
In relation to the matrimonial home - as you are joint owners - then your wife cannot simply sell the property without your permission. If however divorce continues and agreement cannot be reached in relation to the division of the matrimonial assets - then your wife could apply to court and the court does have the power to order sale of the property.
Kind Regards
Caroline
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Expert:  ukfamilysolicitor replied 2 years ago.
Please kindly remember to rate positively - your question will not close and I can answer your follow up questions for free