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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33311
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My name is XXXXX XXXXX mortgage which I solely pay and my wife has

Customer Question

My name is XXXXX XXXXX mortgage which I solely pay and my wife has changed the locks several times, she has issued me with a none molastation order but I am still entitled to enter the house provided she is not there, she has now put the house up for sale, is she allowed to do this.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What does the order actually say?
How far has the divorce reached?
How long have you lived together, how much is the property worth and how much is outstanding on the mortgage?
What other assets and debts are there and what income do you each have?
Clare
Customer: replied 2 years ago.

Divorce proceedings not started
Lived together. 8 years, 200k, property worth, 82k still outstanding
12.000 shared depts, her earnings are approx £24.000 per annum, mine were £13,000 gross last years tax return, although next years could be £35,000. We also have about £10,000 to come back from VAT for building my own house. We have a declaration of trust in place that states when the house is to be sold the equity will be split 50/50.
The non molestation states that I cannot pester or harass or get anyone else to do so, this order was given without me being present at the court and I have denied ever doing so, though was advised not to challenge it as the occupancy would be more in my favour.
Customer: replied 2 years ago.
Relist: Other.
I have not. Received a reply to my question as, I have only just answered your questions as I have been away on holiday and you are asking for another £33
Customer: replied 2 years ago.
Relist: Other.
I have not received an answer yet
Customer: replied 2 years ago.
Relist: Other.
I have not received an answer yet to my question yet
Expert:  Clare replied 2 years ago.
Hi
Where do you each live at the moment?
Clare
Customer: replied 2 years ago.

She is living in my house with her boyfriend some of the time, I am at my parents house they are both in their seventies and the house is only a small terraced house.
Expert:  Clare replied 2 years ago.
Hi
How was the original purchase funded?
Clare
Customer: replied 2 years ago.

By myself and my brother converting our factory into two three storey houses.
Expert:  Clare replied 2 years ago.
Hi
Is the property on the market?
Clare
Customer: replied 2 years ago.

Yes
Customer: replied 2 years ago.

She has put it on the market even though I have told her solicitor I have a broker and wish to pay her out.
Expert:  Clare replied 2 years ago.
Hi
Are you willing to start Divorce proceedings?
Clare
Customer: replied 2 years ago.
No
Expert:  Clare replied 2 years ago.
Hi
Ok
When is the next hearing relating to the non molestation order?
Clare
Customer: replied 2 years ago.

Sometime early April 10th I think
Expert:  Clare replied 2 years ago.
Hi
So it does not exclude you from the property?
Have you spoken to the Estate Agent and told them there is no Order for Sale
Clare
Customer: replied 2 years ago.

Yes
Expert:  Clare replied 2 years ago.
Hi
What was the response?
Clare
Customer: replied 2 years ago.

hi


 


Her solicitor sent an email to the estate agent saying it was ok to put it up for sale, I responded to his letter saying that under no circumstances was this house to be put up for sale, as I was applying for a mortgage in order to buy her out. Can I get an order to stop this sale?

Expert:  Clare replied 2 years ago.
Hi
For clarity the property is held in joint names and there is no court order for sale - is that correct
Clare
Customer: replied 2 years ago.

No the property is in my name only and no court order has been issued.

Expert:  Clare replied 2 years ago.
Hi
Then it simply CANNOT be sold and She cannot market it
I suggest that you write to the Estate agent and insist that YOUR property is withdrawn from sale
Write to her solicitors and point out that she has no legal right to market the property
There is no reason to think that she will receive more than 50% of the equity - if she gets as much as that
Please ask if you need further details
Clare

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