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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22403
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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I am about to marry man who is divorced. He reached a clean

Customer Question

I am about to marry man who is divorced. He reached a clean break in financial settlements. The problem is we live in house which has to be sold. My housband to- be has granted 55 % in sale and his ex wife 45 %. There are no offers for the house . We want to sale ,but no one wants to buy it. Ex wife accused him for delaying matters which is not true. She took him again to the court, now she wants to conduct the sale. What does it mean ??? Can she move in if she has a house abroad when she lives ???? She demands as well part of the house to be rent out . We do not want it. We want to sale. Is it a good idea to marry or should we wait ????
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.

What was ordered at second court hearing?

Why dont you want her to deal with the sale?

Either she wants it sold or rented.

What does court order say?

Customer: replied 3 years ago.

It was ordered house to be sold. And he is to have conduct of sale . It was more then one year ago. We do not want her to deal with the sale because she for sure will be visiting us in house . We do not want it. And we do not want to rent out part of the house , because we live in. Now will be next court hearing because she brought it again to the court. What about the marriage ? Should we cancell it ?

Expert:  Stuart J replied 3 years ago.




You are cohabiting already so getting married or
not, is not likely to make much difference.

I can understand your reluctance to let her have
control of the sale. My suggestion would be to agree which agent was to be used
with her, to agree that you will not be present when viewings take place, to
agree which solicitor is to be used, to agree what the asking price and what
price is to be accepted is, agree that you will not be present when any survey
or valuation takes place, agree to cooperate as far as is possible with selling
solicitors and agent. If that is the case, it can be dealt with very quickly by
the court. It would be worth getting your solicitor to suggest that to her
solicitor and it could easily be put into a court order with minimum of costs.





Can I help further?



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Thank you.

Customer: replied 3 years ago.

Can she through a court force him to rent out the house which we are live in ???????? She has her house abroad.

Expert:  Stuart J replied 3 years ago.
She can try but is unlikely to succeed. Does she have a solicitor? Does the house have seperate granny flat or suchlike?
Customer: replied 3 years ago.

This is one entrance to the flat - on first and second floor- one kitchen , 2 rooms on first floor with toliet, and on the second floor are three rooms and small shower room, but this is one flat.


She has solicitor.


The building is semi-detatched house- half commercial, half residencial.


On the ground floor and in the basement used to be Italian restaurant which is closed down two years ago. And separate entrance to the flat is outside building.


And court order says that all the equipment inside belongs absolute to me

Expert:  Stuart J replied 3 years ago.
What is she wanting you to rent? House or commercial part?
Customer: replied 3 years ago.

We do not know , but she mentioned in letter to solicitor about flat.


 

Expert:  Stuart J replied 3 years ago.


I cannot even think what the
solicitor's thinking, allowing her to go to court to get the property let out
if you are living in it, provided, of course, the your occupation was part of
the court order, whilst the property is up for sale.

Can I help further?



Please bear with me today
because I will be online and off-line.

Please don't forget to positively rate my answer service (even if it was not
what you wanted to hear) and I will follow up any further points you raise for
free.

If you don't rate it positively, then the site keep your deposit and I get 0
for my time. It is imperative that you give my answer a positive rating. It
doesn't give me "a pat on the head", "good boy" (like ebay), it is my
livelihood!

If in ratings you feel that you expected more or it only helped a little,
please ask me for further info before rating me negatively otherwise I don't
get paid at all for my time and answer.

The thread remains open.

Thank you.

Customer: replied 3 years ago.

Can she force him to move out from this house ?????


 


And what about if I ( his wife to be have a small flat abroad ) ?


 


But he does it want to move out from England and from his own house.


 


He is British.

Expert:  Stuart J replied 3 years ago.


Unless there is a court order
excluding her from the house and allowing him to remain in occupation they are
both entitled to live there!

The small flat abroad is only
relevant to his occupation in this house if the wife lives in the foreign house although its value is accountable in marriage finances.



I am not certain what the next
to last line is? Do you mean he does not want to move out from England and his
own house? If that is the case, then, on these facts, he does not have to do.
On the facts you have given me. I think the application that she is making to
court is a bit bizarre.





Sorry
to nag, but please don't forget to positively rate

my answer service.



I will follow up any further points you raise for free.



If you don't rate it positively, then the site keep your deposit and I get 0

for my time.



It is imperative that you give my answer a positive rating.



Some users don't bother, which means that I spend my time for nothing.



It doesn't give me "a pat on the head", "good boy" (like
ebay), it is my

livelihood!



Customer: replied 3 years ago.

But I mean , does it change the situation if we will merry , because I ( his new wife ) have small flat abroad . If he became my housband maybe the court order him to move abroad to my flat ???? Or it does not matter in that case ?

Expert:  Stuart J replied 3 years ago.
It doesnt make any difference unless he wanted to live in it..abroad.. which he doesnt you say. The court cannot make him move abroad
Customer: replied 3 years ago.

But what if she wants to move in ???? You said she has rights.


But in court she stated she has her own house abroad when she lives in and he has only this house to live in. We can not even imagine to live with her under one roof. Can we apply for exclussion possesion ? Especially we had two breaks in and we are affraid it could be her.


 

Expert:  Stuart J replied 3 years ago.




At
the present, there is nothing, it seems, allowing either of them to live or to
not live in the house.

In
the order where the court ordered the split 55/45 you could have had asked for
a occupation order that you stayed in and she stayed out.



You
can ask for it now, as part of your opposition to her application






If
she is the one who is guilty of the break-ins, it is unlikely that she is going
to be put off by a simple occupation order





Customer: replied 3 years ago.

Can he apply for half of the cost for building insurance and from what date ?? Divorce or date when she left the house and country.

Expert:  Stuart J replied 3 years ago.
No. He is solely responsible for all bills and outgoings if she doesnt live in it.
Customer: replied 3 years ago.

Thank You for Your help. That is all I wanted to know . When I need something additional i will get back to You.

Expert:  Stuart J replied 3 years ago.

Glad to help.

Please dont forget my X rating or I dont get paid! Thanks

We can still continue on this thread if anything else occurs

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