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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I have been separated from my wife since 2008. She has since

Customer Question

I have been separated from my wife since 2008. She has since remained in the matrimonial home, in which we are joint tenants, with our three children, now aged 16, 19 and 21. She has, on her own initiative, put the house up for sale with the intention that she will use her entitlement to buy another property some miles away. All our children disagree with this. My youngest is taking her GCSEs at a local school and intends to remain locally whilst taking A levels before university. In this situation, can the property be sold without my consent. I am anxious that my children remain there.
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

No, the property cannot be sold without your consent as you are a joint tenant, only a court can order the sale of the property without your consent.

Your ex may sever the tenancy and convert it into a tenancy in common but she will still need your consent to sell the property.

Can I assist further?
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
UKSolicitorJA and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks. In the event of application to court, is the court likely to sanction a sale when a 16 year old child is still in full-time education?

Expert:  UKSolicitorJA replied 2 years ago.
Not likely.

All the best
Expert:  Clare replied 2 years ago.
Hii am afraid that in fact since your ex clearly wishes the property to be sold then the only basis on which it will not be is if you are taking on the care of the 16 year old and have no where else to live with herClare
Customer: replied 2 years ago.

Thanks. Massively different to the answer initially received. My ex has been out when I've called to talk to her about the sale, which in the circumstances is fortunate. I rent a two roomed flat and my 16 year old regularly stays with me. Seems like the sale will go ahead.


 

Expert:  Clare replied 2 years ago.
Hi
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.

Property valued at £225,000. £126,000 outstanding on mortgage. I earn around £30,000 per annum while ex earns around £40,000. Since Sept of last year I am back working full-time after a year of part-time during chemo for leukaemia.

Expert:  Clare replied 2 years ago.
Hi
How much would you need to buy a two bedroom property for you and your daughter?
Clare
Customer: replied 2 years ago.

Round here, 2 beds start at £120,000


 

Expert:  Clare replied 2 years ago.
Hi
Do you have any mortgage capacity?
Clare
Customer: replied 2 years ago.

If you mean an ability to obtain a mortgage, I'm 58 and have chronic leukaemia, though the chemo was very successful and I'm told the symptoms are unlikely to return


 

Expert:  Clare replied 2 years ago.
Hi
Are there any shared ownership schemes you could access?
Clare
Customer: replied 2 years ago.

There are some but don't know if they are accessible. Maybe it's worth asking about them as I never thought I would be entitled to a mortgage again after leukaemia diagnosis. At the end of the day I am just as eager to accommodate the other two as I am the 16 year old. I know there's no legal obligation. Both are working but neither have the means to strike out on their own. All three are saying that their mum should move out to live with her partner then I move in.

Expert:  Clare replied 2 years ago.
Hi
That is a possibility - remote but there - but I need to know about Shared ownership schemes first- which would also be better for you in the long run
Clare

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