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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33532
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have decided to sell the property as my husband is adamant

Customer Question

I have decided to sell the property as my husband is adamant he wants a divorce. He would prefer to stay in the property until the divorce Is finalised. The property is solely in my name. A second charge on the property is in joint names. Can the sale proceed if he does not want to sell. I am aware the second charge will have to be paid when the property is sold.
Outstanding on mortgage is around £40000 - the second charge is around £26000.
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.

My name is XXXXX XXXXX am happy to assist you with your enquiry.

Before I can answer you fully, could you please clarify how the second charge is in joint names but the property is in your sole name?
(Normally, before a Lender will agree a loan/ Charge they will insist that each party who is to be party to the Charge is also named on the Deeds).

I look forward to hearing from you.

Kind Regards
AL
Customer: replied 2 years ago.
The property was a cash sale bought with the proceeds of a previous property also solely in my name. A year after the purchase we realised more money was needed for work which was being carried out. I therefore remortgaged. It was easier to go down this route as my husband's name was joint with his ex wife in a flat they owned at the time. This flat has since been re-possessed. An amount of just 12,000 was shared between my husband and his ex wife. Last year we applied for an homeowner loan. This was in joint names.
Customer: replied 2 years ago.

Hi Al


 


I have not had a reply in answer to your question.


 


Thank you.

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.
Have divorce proceedings actually been issued?
Clare
Customer: replied 2 years ago.

Hi Clare


Nice to hear from you. My husband has not served any divorce papers I have spoken to him - his reply is "it is coming soon". He seems to be buying time. I am looking at all my options - selling the property is one of them. I am unhappy about the living arrangements. There will be no reconciliation.


Thank you


Valerie

Customer: replied 2 years ago.

Hi Clare


I am being asked for feedback, but my question has not been answered yet. There may be a problem with your system.


Thank you, Valerie

Expert:  Clare replied 2 years ago.
Hi
Unfortunately you cannot sell the property without his agreement as it is the marital home.
This being the case you will either need his agreement or an Order for Sale made within the Divorce proceedings.
You can start the proceedings yourself if you wish.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Hi Clare


This is a difficult situation. The property has been valued. He has now decided he does not want to sell. Neither is he paying towards the joint loan we have. He says he wants a divorce but is makings no effort to instigate this. He is of the opinion that he is entitled to half of what the property is worth. Where do I go from here?

Expert:  Clare replied 2 years ago.
Hi
I suggest that you simply go ahead and start the divorce yourself
Clare
Customer: replied 2 years ago.

Hi Clare


Thank you. How does this process work, what are the stages and will my husband be forced to respond?


Valerie

Expert:  Clare replied 2 years ago.
Hi
Do you mean the divorce process - if so then it is detailed here
https://www.gov.uk/divorce/overview
If you chose the Unreasonable Behaviour ground then it will be possible to progress it without his agreement if need be
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33532
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Clare


Thank you for your help.


Valerie

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