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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34263
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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Can I sell my house even though she has registered 'home

Resolved Question:

Can I sell my house even though she has registered 'home rights' (July 2014), but since then she has moved out (Jan 2015) and bought a new house and settled there permanently. Do I need her to cancel the home rights before I can sell? Thx
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further informtaion first

How far have the divorce proceedings reached?

Customer: replied 1 year ago.
We are not yet divorced. We are married since 2007. We decided to break up in July 2014. We decided the majority of our finances by the August. She bought a house near her parents in November and she and our young kids moved in to it in Jan 2015. So we call ourselves 'separated'. I understand divorce can happen at 24 months but unsure if that if after she moved out or after we decided to break up. She says she won't cancel the home rights until she speaks to a solicitor but I wan the sell the house, which has a mortgage just in my name. We still need to agree how much of this house equity she should have.
Customer: replied 1 year ago.
Sorry, 'decided' on first line was meant to read 'divided'.
Expert:  Clare replied 1 year ago.

I am afraid that you will indeed need her to Cancel the Home Rights Notice as otherwise you can only sell the property when there is a Decree Absolute or a Financial order is made within Divorce proceedings

Please ask if you need further details

Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Clare
I seem to be in a tricky place then, when she can choose when I get to sell my house but she has her own house already (worth more than mine!). Funny life.
Thanks for your answer.
Expert:  Clare replied 1 year ago.

In fact you can force the issue within divorce proceedings as and when you decide to start them