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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2540
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I was married years, we were living together 8 years

Resolved Question:

I was married for 5 years, we were living together 8 years in total. We got divorced in 2010.
He kick me out of the house.I had to moved with my parents in Spain. The matrimony was dissolved but nothing was done about the patrimony.
I got a house in Thorpe Astley in Leicester. We bought that house and got a mortgage.
I think that the house is rented without my knowledge.
I would like to sell the house and divide everything 50/50 as was when we bought the house. We got a life insurance when we bought that house.
how can I do to sell that house?
I do not have contact with my ex but I can give you all his details except address.
I am in the land registry and I have the deeds.
please can you help me ? What can 8 do? I'm lost do not have a clue what to do
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Just a bit more information required to assist you fully:-Have you remarried since the divorce?-Do you have any children together - if so how old, and what are the arrangements for them?-Do you live in Spain now?
Customer: replied 1 year ago.
I am not remarried
I did not have children
I live in worthing
Customer: replied 1 year ago.
If need more information just ask me. I will give you.
Customer: replied 1 year ago.
Could you say something please ?
Customer: replied 1 year ago.
Or to my email***@******.***
Expert:  Harris replied 1 year ago.
Hi, sorry for the delay. Initially the financial settlement should be attempted either through negotiations or mediation (you can find independent mediators here: familymediationcouncil.org.uk If a settlement is agreed this can be submitted to court under a consent order (together with a D81 form outlining your respective financial positions) for the court to assess whether it is a fair settlement for both of you. If this does not progress you should then proceed with an application to court under Form A for financial relief. This would include consideration of all your assets and financial position, as well as your needs, as well as his financial position and needs and the court will decide what is fair - the court's starting point will be a 50-50 split of all matrimonial assets, and the court will consider the following criteria when deciding on how to divide the assets:1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;3. The standard of living enjoyed by the family before the breakdown of the marriage;4. The age of each party to the marriage and the duration of the marriage;5. Any physical or mental disability of either of the parties to the marriage;6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.Pursuing this will meant that you will have to make enquiries to find out where your ex-husband is living as well as obtain contact details for him.If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Customer: replied 1 year ago.
You did not answer my question.
I do not want to all that court expensive procedures.
Can I put my house for sale
it is all I want sell the house, divide the money and that's all
do you need my ex details?
Expert:  Harris replied 1 year ago.
I do not need his details. However, from your information it appears that the property is in joint names. You cannot sell the property without your husband's consent if his name is ***** ***** title. If he does not agree then your only option to sell the property is to pursue a court application.
Customer: replied 1 year ago.
How can i do if i cannot contact with him?
Yes The house is to both Names.
Thank you but what di you Thank that it is The best to do?
Go to court
Customer: replied 1 year ago.
If i want to del The house And he does y want to because he is getting money for The rent now , The only thing is to go to court?
Customer: replied 1 year ago.
I Dont getting any thing at all front he rent
Expert:  Harris replied 1 year ago.
Yes, if he does not want to sell the jointly owned property and you do, then you will need to go to court. Initially I would suggest that you attempt to find him to communicate with him, and make a referral to an independent mediator (your can find local ones her: familymediationcouncil.org.uk). The mediator will assist you and him in reaching an agreement. If this does not settle through mediation, then you should pursue a court application.
Expert:  Harris replied 1 year ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2540
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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